Petitioner challenged an unauthorized bunk shop on a pipeline road situated on Kerala Water Authority property. Court directed the Executive Engineer to dispose of the representation after hearing all parties within six weeks, relying on a Division Bench judgment.
Directed 2nd respondent to consider representation and pass orders after hearing within six weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
WP(C) NO. 16450 OF 2023
PETITIONER:
C.A. ABRAHAM
AGED 65 YEARS, S/O K. KURUVILA, KOTTAPPALLIL HOUSE,
PIPELINE ROAD, THOPPIL, THRIKKAKARA P.O-, ERNAKULAM
DISTRICT, PIN – 682021
BY ADV P.V.BABY
RESPONDENTS:
1 SHIHABU VALIYAVEETTIL HOUSE, PIPELINE ROAD, THRIKKAKARA P.O, COCHIN-, PIN – 6820262 EXECUTIVE ENGINEER, PH DIVISION, KERALA WATER AUTHORITY, ALUVA, PIN – 6831013 THRIKKAKARA MUNICIPALITY THRIKKAKARA, KAKKANAD ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY - 6820304 ASSISTANT COMMISSIONER OF POLICE, THRIKKAKARA, ERNAKULAM DISTRICT , PIN – 682021BY ADV
S.JAMAL
SMT. AMMINIKUTTY K – SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.16450 OF 2023
JUDGMENT
Dated this the 1st day of August, 2023
The petitioner is aggrieved by illegal and unauthorised bunk situated at the Pipeline Road, Thoppil in Thrikkakara Municipality. The petitioner would submit that the road is situated on the western side of the petitioner’s residential house. The bunk shop is unauthorised. It is situated in the property belonging to the Water Authority. The petitioner has filed representations before respondents 2 to 4 against the illegal business in the bunk shop. The bunk shop is being run without any licence from the Municipality, contends the petitioner.
W.P.(C) NO.16450 OF 2023
3
before the 2nd respondent in Ext.P1 representation, I am of the opinion that it would be only just and proper that the 2nd respondent takes a decision in the matter.
of this Court has held that no constructions can be made over Pipeline Roads as per Sections 46 and 46A of the Kerala Water Supply and Sewerage Act, 1986.
In view of the above, the writ petition is disposed of directing the 2nd respondent to consider Ext.P1 representation in the light of Ext.P7 judgment of this Court and pass appropriate orders thereon within a period of six weeks, after giving an opportunity of hearing to the petitioner as well as to the 1st respondent.
Sd/- N.NAGARESH JUDGE
ded
W.P.(C) NO.16450 OF 2023
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APPENDIX OF WP(C) 16450/2023
PETITIONER EXHIBITS
EXHIBIT P1 |
A TRUE PHOTOCOPY OF THE REPRESENTATIONDATED NIL SENT TO THE 2ND RESPONDENT BYTHE PETITIONER |
|---|---|
EXHIBIT P2 |
A TRUE PHOTOCOPY OF THE REPRESENTATIONDATED NIL SENT TO THE 3 RESPONDENT BYTHE PETITIONER |
EXHIBIT P3 |
A TRUE PHOTOCOPY OF THE POSTAL RECEIPTDATED 5/3/2022 ADDRESSED TO THE 2NDRESPONDENT SENT BY THE PETITIONERISSUED BY THE POSTAL DEPARTMENT |
EXHIBIT P4 |
A TRUE PHOTOCOPY OF THE POSTAL RECEIPTDATED 5/3/2022 ADDRESSED TO THE 3RDRESPONDENT SENT BY THE PETITIONERISSUED BY THE POSTAL DEPARTMENT |
EXHIBIT P5 |
A TRUE PHOTOCOPY OF THE REPRESENTATIONDATED NIL SUBMITTED BY THE PETITIONERBEFORE THE 4TH RESPONDENT |
EXHIBIT P6 |
HOTOGRAPHS TAKEN BY THE PETITIONER(FIVE NUMBERS) |
EXHIBIT P7 |
A TRUE PHOTOCOPY OF THE JUDGMENT INW.P(C) NO. 30339/2011 DATED 14/2/2020 |
1 issue framed by the court
Whether representations regarding an unauthorized bunk shop on water authority property were inadequately addressed by the executive engineer.
Colour shows how this judgement treated each authority
W.P(C) NO. 30339/2011 DATED 14/2/2020Explained¶27
1 provisions across 1 enactments
C.A. ABRAHAM
SHIHABU
EXECUTIVE ENGINEER
THRIKKAKARA MUNICIPALITY
ASSISTANT COMMISSIONER OF POLICE
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
N. NAGARESH
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