Aliyar K.M. v. Assistant Engineer
Case brief
What is this about?
The Kolkata High Court declined to adjudicate on the merits of a petition seeking removal of a canal obstruction. The Court held that if the construction was illegal, the engineering respondents could take appropriate action subject to the absence of a prohibitory order from other statutory authorities.
What did the court decide?
None granted; Court declined to adjudicate merits and left action to engineering respondents.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(C) NO. 7361 OF 2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 18TH DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943
WP(C) NO. 7361 OF 2021
PETITIONER/S:
1 ALIYAR K.M. AGED 54 YEARS S/O. MAKKAR, KACHAMKUZHY HOUSE, MALAYIDOMTHURUTH P.O., AMBUNAD, ERNAKULAM DISTRICT-683 561. 2 NISAR K.M. AGED 32 YEARS S/O. MAKKAR, KACHAMKUZHY HOUSE, MALAYIDOMTHURUTH P.O., AMBUNAD, ERNAKULAM DISTRICT-683 561.
3 MOOSA K.A. AGED 54 YEARS S/O.AMMU, KACHAMKUZHY HOUSE, MALAYIDOMTHURUTH P.O., AMBUNAD, ERNAKULAM DISTRICT-683 561.
4 ABBAS K.S. AGED 40 YEARS S/O. SAIDU MUHAMMED, KACHAMKUZHY HOUSE, MALAYIDOMTHURUTH P.O., AMBUNAD, ERNAKULAM DISTRICT-683 561.
Issues for consideration
2 issues framed by the court
Whether the Court should adjudicate on the merit of the plea regarding illegal obstruction of a public canal by private individuals.
Whether the public authorities are encouraged to exercise their statutory powers to deal with unauthorized structures without immediate judicial intervention.
Parties & counsel
- petitioner
ALIYAR K.M.
- petitioner
NISAR K.M.
- petitioner
MOOSA K.A.
- petitioner
ABBAS K.S.
- petitioner
ALIKUNJ K.K
- respondent
Case details
As recorded by the court registry
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