Petitioner complained that road expansion damaged his property and motor shed. Respondents denied damage via affidavit and photos. Court held lack of evidence and closed the petition.
The writ petition was closed with no relief granted.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 7TH DAY OF DECEMBER 2023 / 16TH AGRAHAYANA, 1945
WP(C) NO. 5691 OF 2018
PETITIONER:
THANKACHAN P.K
PAIMPALLIL HOUSE, KARINKUNNAM KARA, KARINKUNNAM VILLAGE, THODUPUZHA TALUK,IDUKKI DISTRICT.
SRI.P.BABU KUMAR SRI.VISHNU BABU
RESPONDENTS:
1 KERALA STATE TRANSPORT PROJECT REP.BY PROJECT MANAGER,TC NO.11.339, JAGAD BUILDING, KESTON ROAD, NANDANKODE, KOWDIAR P.O., THIRUVANANTHAPURAM-10.
2 EXECUTIVE ENGINEER, KERALA PUBLIC WORKS DEPARTMENT, K.S.T.P.DIVISION,PONKUNNAM DIVISION,KANJIRAPPALLY P.O., KOTTAYAM-686 507.
SMT.VIDYA KURIAKOSE – GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
WP(C) NO. 5691 OF 2018
JUDGMENT
The petitioner alleges that, on account of “expansion work” of the road in front of his property, particularly the drainage work conducted thereon, his residential building was damaged, especially the space where he had placed an electric motor for pumping water for domestic and agricultural purposes and operation. He says that, in spite of several requests, the respondents did not respond to his plea for damages and for repair of his building; and therefore, that he has been constrained to approach this Court through this writ petition.
WP(C) NO. 5691 OF 2018
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Smt.Vidya Kuriakose, is available in paragraphs 2, 3 and 4
thereof, which are extracted for ease of reference.
“It is submitted that the up gradation work of Ponkunnam - Thodupuzha road has been carried out by acquiring land from various private land owners and also by transferring the land from various Government Departments. The contractor of the above work is M/s GHV EKK (JV), Perumbavoor and M/s MSV International is the supervision Consultant. The project has completed during 3/2017 and now under defects liability period which will expire by 3/2018. The petitioner's property is at ch:126/550 along the LHS of the project road. Earlier the petitioner had filed WP(C) 33159/2016 before the Hon'ble High Court for getting access to his property. As per the Judgment of this WP(C) dated 17.10.2016 KSTP had provided access to the property of the petitioner with RCC Slab having an average width of 3.5 m. During the final stage of work the petitioner approached KSTP and submitted an application for reconstructing the motor shed, alleging that the damages is due to the upgradation work of the road. As per this application the site was inspected from this office and not found any damages to the motor shed. It was informed to the petitioner vide letter No.PNW 843/11 dated 15.03.2017. Copy of the letter is submitted herewith and marked as Exhibit R2(a).
WP(C) NO. 5691 OF 2018
4
due to the project the Hon'ble Court may please be kind enough to dispose the case.”
to the afore even today.
In the afore circumstances, I close this writ petition; however, leaving liberty to the petitioner to invoke any other remedy that may be available to him; for which purpose contentions to such effect are left open.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 5691 OF 2018
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APPENDIX OF WP(C) 5691/2018
PETITIONER EXHIBITS
EXT.P1: TRUE PHOTOCOPY OF THE REQUEST SUBMITTED TO THE 2ND RESPONDENT DATED 4.3.2017.
EXT.P2: TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 14.3.2017.
EXT.P3: TRUE PHOTOCOPY OF THE JUDGMENT DATED 9.1.2017 IN W.P(C) NO.40031/2016.
RESPONDENT'S EXHIBITS:
EXT.R2(a): TRUE COPY OF THE LETTER NO.PNW 843/11 DATED 15.03.2017.
EXT.R2(b): TRUE COPY OF THE PHOTOGRAPH
3 issues framed by the court
Whether the petitioner has established that the respondents road expansion caused damage to his residential building or motor shed.
Whether sufficient evidence exists to sustain the petitioner's claim for repair and damages.
Whether to grant any relief in the absence of a reply to the counter affidavit.
THANKACHAN P.K
KERALA STATE TRANSPORT PROJECT
EXECUTIVE ENGINEER
VIDYA KURIAKOSE – GP
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
