Writ petition seeking direction to respondent to allow bridge construction for medical access. Court disposed by permitting fresh application with requisite documents.
Petitioner permitted to submit fresh application with requisite documents; respondent to consider within two months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
WP(C) NO. 2788 OF 2022
PETITIONER:
BIJU C.M., AGED 51 YEARS, S/O. MADHAVAN, CHERUPRAMBILE, THABOR P.O., POOTHEMKUTTY, ERNAKULAM DISTRICT-683577.
BY ADV. SRI.BIJU.P.N.
RESPONDENTS:
1 THE ASSISTANT ENGINEER, OFFICE OF THE ASSISTANT ENGINEER, IRRIGATION LBC SECTION, CHALAKUDY, TRICHUR-680307.
2 MOOKKANOOR GRAMA PANCHAYAT, REPRESENTED BY THE SECRETARY, OFFICE OF THE MOOKKANOOR GRAMA PANCHAYAT, MOOKANOOR P.O., ERNAKULAM DISTRICT-683577.
SMT.PARVATHY KOTTOL, GOVERNMENT PLEADER R2 BY SRI. S.SUDHEESHKUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 24th day of March, 2022
The petitioner is before this Court seeking to direct the 1st respondent to grant permission to the petitioner to construct a bridge at his own expense.
mother- in-law is suffering from acute cancer and she has to go to hospital frequently for medical treatment and radiation. The mother-in-law has to be taken in wheelchair with the help of neighbours, passing through a very narrow bridge. It is in such circumstances that the petitioner filed an application for constructing a bridge to access to their house. The 1st respondent is not permitting the petitioner to construct the bridge.
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Statement. The learned Government Pleader submits that the petitioner's application has already been considered and the petitioner was required to provide the details of the ramp in the plan, the estimate rate as per DSR 2016 and a copy of the certificate of the licensed Engineer certifying the plan of the petitioner. The petitioner has not submitted all these supporting materials. The case of the petitioner can be considered, if the petitioner makes a fresh application with all the afore supporting documents.
In such circumstances, the writ petition is disposed of permitting the petitioner to submit an application afresh supported by all requisite documents. If the petitioner submits such an application, the 1st respondent shall consider the same and pass
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appropriate orders thereon, within a period of two
months.
Sd/-
N. NAGARESH JUDGE
SR
WP(C)No.2788/2022
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APPENDIX OF WP(C) 2788/2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPLICATION FOR CONSTRUCTION OF BRIDGE DATED 15/02/2021. Exhibit P2 TRUE COPY OF THE NOC ISSUED BY THE 2ND RESPONDENT DATED 15/01/2021.
RESPONDENT'S EXHIBITS:
Annexure R1(a) A LETTER DATED 19.02.2021 ISSUED BY ASSISTANT ENGINEER CHALAKUDY TO PETITIONER IN CONSIDERATION OF.
SR
2 issues framed by the court
Whether the petitioner should be permitted to construct a bridge for medical access to his mother-in-law.
Whether the petitioner was required to submit additional supporting materials before the application could be considered.
Biju C.M.
The Assistant Engineer, Office of the Assistant Engineer, Irrigation LBC Section, Chalakudy, Trichur
Mookkanoor Grama Panchayat, Represented by the Secretary
N. Nagares
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
