Writ petition filed seeking direction to demolish an illegal waiting shed constructed on petitioner's property and encroaching on PWD land to petitioners relief high court of kerala remand case dismissed pending survey department exercise.
2nd respondent directed to demolish the shed within two months from the date of receipt of a copy of this judgment.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 21ST DAY OF DECEMBER 2021 / 30TH AGRAHAYANA, 1943
WP(C) NO. 6089 OF 2021
PETITIONER:
BIJUDAS AGED 45 YEARS S/O.SWAMINATHAN, APPU VIHAR, ELAPPULLY, PALAKKD DISTRICT.
BY ADVS. RAJESH SIVARAMANKUTTY SMT.K.VIJINA SMT.JAEONA JAMES
RESPONDENTS:
1 ELAPPULLY GRAMA PANCHAYAT REP.BY ITS SECRETARY, ELAPPULLY, PALAKKAD DISTRICT PIN 678 622
2 ADDL.R2.EXECUTIVE ENGINEER PWD (ROADS) PALAKKAD - 678 001. IS IMPLEADED AS PER ORDER DATED 28-09-2021 IN IA 1/2021.
BY ADVS. P.K.MOHANAN(PALAKKAD) GOVERNMENT PLEADER
SRI.B.S.SYAMANTHAK, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6089 OF 202
2
T.R.RAVI, J.
WP(C) NO.6089 OF 2021
Dated this the 21stday of December , 2021
JUDGMENT
The writ petition has been filed praying for a direction to
the respondent to conduct an enquiry into Ext.4 and also to hold
that the structure (waiting shed) on the petah / Elappully Bus
Stop on the north of the property of the petitioner and to the
immediate south of Pollachi – Palakkad PWD Main Road is an
illegal structure liable to be pulled down. The Executive
Engineer, PWD Road, Palakkad who was impleaded as
additional 2nd respondent has filed a statement stating that a
major portion of the waiting shed in question is situated in the
property of the Public Works Department and a small portion is
in the private property and the exact lie/encroachment can be
ascertained only after demarcation of the boundary by the
survey department. It is also stated that the waiting shed has
been constructed without obtaining any permission from the
PWD. The counsel for the petitioner submits that they have no
objection in the PWD removing the shed which has been
constructed by encroaching into the property of the PWD.
WP(C) NO. 6089 OF 202
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In the above circumstances, the 2nd respondent is directed
to take steps to demolish the shed. The same shall be done
within a period of two months from the date of receipt of a copy
of this judgment.
The writ petition is disposed of.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) NO. 6089 OF 202
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APPENDIX OF WP(C) 6089/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF SALE DEED NO.807/2016 OF SRO, PALAKKAD DATED 8.2.2016
EXHIBIT P2 TUE COPY OF SALE DEED NO.808/2016 OF SRO, PALAKKAD DATED 8.2.2016
EXHIBIT P3 TRUE COPY OF GENERAL BUILDING PERMIT ISSUED BY RESPONDENT DATED 29.5.2019 HAVING VALIDITY TILL 28.5.2022
EXHIBIT P4 TRUE COPY OF THE PETITION DATED 13.2.2021 FILED BY PETITIONER BEFORE RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE PHOTOGRAPH OF THE ILLEGAL STRUCTURE AS WAITING SHED SITUATE ON THE NORTH OF THE PROPERTY OF THE PETITIONER.
RESPONDENT'S EXHIBITS
EXHIBIT R1(a) TRUE COPY OF THE LETTER DATED 27.03.2021 SUBMITTED TO THE EXECUTIVE ENGINEER, PWD (ROADS), PALAKKAD BY THE ELAPPULLY PANCHAYATH EXHIBIT R1(b) TRUE COPY OF THE REMINDER DATED 10.06.2021 SENT TO THE EXECUTIVE ENGINEER PWD (ROADS) PALAKKAD EXHIBIT R1(c) TRUE COPY OF THE RELEVANT PAGE OF THE MINUTES DATED 13.04.2021 OF THE ELAPPULLY GRAMA PANCHAYATH MEETING
//TRUE COPY// PA TO JUDGE
2 issues framed by the court
Whether respondent can be directed to demolish illegal waiting shed encroaching on public property?
Whether structure known as waiting shed on Petah/Elappully Bus Stop is illegal and liable to be pulled down
Bijudas
Elappully Grama Panchayat
Addl. 2nd Respondent. Executive Engineer PWD (Roads) Palakkad
T.R. Ravi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court