The petitioner sought writ relief to stop road construction pending measurement assessment. The High Court closed the writ petition leaving contentions for the civil suit.
Writ petition closed; contentions left to be decided in pending civil suits.
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 MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945
WP(C) NO. 9853 OF 2018
PETITIONER:
MARY STEPHEN
AGED 67 YEARS
AGED 67 YEARS,W/O.STEPHEN.M.C,MATHIRAPPILLY HOUSE,SOUTH CHITTOOR.P.O,EDAYAKKUNNAM CHAMMINI ROAD,EDAYAKKUNNAM,CHERANALLOOR-682027.
BY ADV SRI.SEBIN THOMAS
RESPONDENTS:
WP(C) No.9853 OF 2018
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KOCHI,KOCHI-682001.
9 THE LOCAL SELF GOVERNMENT DEPARTMENT PUBLIC OFFICE BUILDING,MUSEUM.P.O,THIRUVANANTHAPURAM,REPRESENTED BY ITS DIRECTOR OF PANCHAYATS. 10 REENY SHERIF W/O SHERIF VINCENT, AGED 43 YEARS, RESIDING AT MATHIRAPPLLY HOUSE, CHAMMINI ROAD, EDAYAKUNNAM KARA, CHERANALLORE VILLAGE, KANAYANNUR TALUK, PIN-682027. 11 SHERIF VINCENT S/O VINCENT, AGED 53 YEARS, RESIDING AT MATHIRAPPLLY HOUSE, CHAMMINI ROAD, EDAYAKUNNAM KARA, CHERANALLORE VILLAGE, KANAYANNUR TALUK, PIN-682027,REPRESENTED BY POWER OF ATTORNEY HOLDER & WIFE REENY SHERIF. [ADDITIONAL R10 AND R11 IMPLEADED AS PER ORDER DATED 27.03.2018 IN I.A.NO.6129/18] BY ADVS. SRI.BEPIN PAUL SRI.T.K.AJITHKUMAR (VALATH) SMT.T.MANASY SRI.BEPIN PAUL SRI.T.K.AJITHKUMAR VALATH SRI.S.DEEPAK SMT.T.MANASY SRI.M.P.RAMNATH SRI.P.RAJESH KOTTAKKAL SRI.K.J.SEBASTIAN SRI.SHALU VARGHESE SMT.S.SANDHYA SEI.M.VARGHESE VARGHESE
SRI.APPU.P.S-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.9853 OF 2018
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ANU SIVARAMAN, J.
=========================
W.P.(C) No.9853 of 2018
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Dated this the 7th day of July, 2023
JUDGMENT
The prayer in this writ petition is for a direction to the respondents to stop construction of the pathway and placing of slab over existing drain in Edayakunnam Chammany Road, Ward No.6 of the Edayakunnam Panchayat, till the proper measurement and assessment of the width and length of the Edayakunnam Chammany Road.
Leaving open the contentions of the parties to be decided in the civil suit , the writ petition is closed.
Sd/-
ANU SIVARAMAN JUDGE
SSK/07/07
WP(C) No.9853 OF 2018
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APPENDIX
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE COPY OF THE JUDGMENT IN O.S.NO.232 OF 2014 |
|---|---|
| ON THE FILE OF THE MUNSIFF'S COURT,ERNAKULAM | |
| EXHIBIT P2 | TRUE COPY OF THE COMPLAINT ALONG WITH THE RECEIPT DATED 05.08.2016 |
| EXHIBIT P3 | THE PETITIONER PREFERRED ANOTHER COMPLAINT BEFORE THE M.L.A.ON 13/12/2016.TRUE COPY OF THE COMPLAINT PREFERRED BY PETITIONER BEFORE M.L.A.DATED 0N 13/12/2016 |
| EXHIBIT P4 | TRUE COPY OF THE CERTIFICATE OF DECLARATION 20.08.2015 |
| EXHIBIT P5 | TRUE COPY OF THE CERTIFICATE OF DECLARATION 22.08.2006 |
| EXHIBIT P6 | TRUE COPY OF THE STOP MEMO DATED 22.08.2016 |
| EXHIBIT P7 | TRUE COPY OF THE E-TENDER NOTICE DATED 10.08.2017 |
| EXHIBIT P8 | TRUE COPY OF REPRESENTATION DATED 24.10.2017 FILED BEFORE THE 1ST RESPONDENT |
| EXHIBIT P9 | TRUE COPY OF REPRESENTATION DATED 24.10.2017 FILED BEFORE THE 6TH RESPONDENT |
| EXHIBIT P10 | TRUE COPY OF REPRESENTATION DATED 24.10.2017 FILED BEFORE THE 7TH RESPONDENT |
| EXHIBIT P11 | TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONERS DATED 16.01.2018. |
| EXHIBIT P12 | TRUE COPY OF THE DETAILED ESTIMATE PRINTED ON 27.01.2018. |
| EXHIBIT P13 | PHOTOGRAPHS SHOWING THE CONSTRUCTION WORK AND THE ACTUAL SITUATION OF THE EDAYAKKUNNAM |
| CHAMMINI ROAD ENDS AT THE RIVER BANK. | |
| EXHIBIT P14 | TRUE COPY OF THE LETTER BY THE PANCHAYATH DIRECTOR DATED 06.12.2017 |
| EXHIBIT P15 | TRUE COPY OF THE SITE PLAN PREPARED BY THE ASSISTANT ENGINEER,LSGD SECTION,CHERANALLOOR GRAMA PANCHAYATH. |
| RESPONDENTS EXHIBITS | |
| Exhibit R-10 (a) | true photo copy of statutory lawyer's notice dt 18.01.2018 with the postal registration receipts (3 Nos) affixed thereupon as issued to the 2nd |
| respondent Panchayath as well as the 4th respondent Block Panchayath with copy marked to the 6th respondent (District Collector) |
|
| Exhibit R-10 (b): | true photo copy of the field sketch of re-survey No.458 of Cheranelloor Village |
| Exhibit R-10 (1) | true photo copy of the judgment dt 10.01.2018 in AS No.30/2017 of the Hon'ble 2nd Addl Sub Court, Ernakulam |
| Exhibit R-10 (2) | true photo copy of the interim injunction order dt 11.04.2018 in IA No.1275/2018 in RSA |
WP(C) No.9853 OF 2018
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No.418/2018 of the Hon'ble High Court of Kerala Exhibit R-10 (3) true photo copy of the re-survey field No.458 of Cheranellor Village which shows the re-survey No.458/11 and 458/10 which is developed as the Chammany Road with drainage Exhibit R-10 (4) true photo copy of the basic tax register extract of Cheranellor Village interalia in respect of re-survey 158/10 and 158/11 which is presently the Chammany Road Exhibit R-10 (5) true photo copy of the certified copy of the site plan issued by the Hon'ble Munsiff's Court, Ernakulam and part of the X2 file marked therebefore in OS No.232/2014 (Ext P1 suit) and such plan is signed by the Assistant Engineer, Edappally Block Panchayath Exhibit R-10 (6) true photo copy of the statutory lawyer's notice dated 18.01.2018 with the postal registration receipts (3 Nos) affixed thereupon as issued to the 2nd respondent (panchayath), as well as the 4 respondent (Block Panchayath) with copy marked to the 6 respondent (District Collector) Exhibit R-10 (7) true photo copy of the plaint in OS No.454/2018 filed before the 3rd additional Munsiffs'c Court, Emakulam by the 11th re herein as 4th plaintiff therein along with his father and sisters again the 1 respondent, Block Panchayath and District Collector. Exhibit R-10 (8) true photo copy of the order of interim injunction dt 13.04.2008 in IA No.2982/2018 in OS No.454/2018 of the Hon'ble 3rd Additional Munsiff's Court, Ernakulam Exhibit R-10(9) The true photo copy of the advocate commissioner's report in IA No.2983/2018 in OS No.454/2018 filed before the Hon'ble Munsiff's Court, Ernakulam Exhibit R-10(10) The true photo copy of the photographs showing the present lie and location of Chammany Road (re-survey No.458/11, 458/10), the properties of the respondents 10&11 and other family members (re-survey No.458/10)
1 issue framed by the court
Whether the writ petition regarding road construction should be disposed of without deciding the pending civil suits between the parties.
Mary Stephen
State of Kerala
Cheranalloor Grama Panchayath
Secretary Cheranalloor Grama Panchayath
Block Panchayath President Kakkanad
Benny Francis
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
