Writ petition seeking to stop road-side construction in front of the petitioner's property. The fourth respondent submitted the proposed construction was shifted and no proposal subsists; the court disposed of the writ petition recording this submission, with liberty to raise the matter again if needed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
WP(C) NO. 5816 OF 2021
PETITIONER:
DEVI GOPAKUMAR, AGED 43 YEARS D/O.GOPUKUMARAN NAIR,NOW RESIDING AT TC.30/2513,GOKUL,VAZHUTHAKKAD, GANAPATHY TEMPLE,VAZHUTHAKKADU, THIRUVANANTHAPURAM DISTRICT,KERALA,PIN-695014.
BY ADV V.K.HEMA
RESPONDENTS:
4 POTHENCODE GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY,POTHENCODE GRAMA PANCHAYATH,THIRUVANANTHAPURAM,PIN-695004.
6 DISTRICT COLLECTOR, THIRUVANANTHAPURAM DISTRICT,2ND FLOOR, CIVIL STATION BUILDING,CIVIL STATION ROAD, THIRUVANANTHAPURAM-695043.
BY ADV J.JAYAKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No. 5816 of 2021
2
M .A. ABDUL HAKHIM, J
- - - - - - - - - - - - - - - - - – WP(C) No. 5816 of 2021
- - - - - - - - - – - - - - - - - Dated this the 12th June, 2024
JUDGMENT
The petitioners filed this writ petition seeking a direction to the respondents to stop all further constructions on the side of the public road in front of the petitioners property shown in Ext.P3 sketch. At the time of admission of this writ petition, this Court had stayed all further constructions of the building proposed by the respondents . The learned Counsel for the 4th respondent submitted that on account of the pendency of this writ petition and the interim order, the 4th respondent has shifted the construction proposed by it under the project “take a break” of the Government and as such there is no subsisting proposal to make any construction in front of the petitioners property. Hence this writ petition is disposed of recording the above submission and giving liberty to the petitioners to agitate the matter again in future if the said land is required.
Ordered accordingly.
Sd/-
M.A. ABDUL HAKHIM, JUDGE
jma
WP(C) No. 5816 of 2021
3
| APPENDIX OF | WP(C) | 5816 | /2021 | |||
|---|---|---|---|---|---|---|
| PETITIO | NER EXHIBITS | |||||
| EXHIBIT | P1 | THE TRUE C DATED 29.1 |
OPY OF 0.1982 |
SETT | LEMENT DEED NO.36 | 64/1982 |
| EXHIBIT | P2 | THE TRUE NO.KL01010 |
COPY 906096 |
OF /2020 |
THE BASIC TAX DATED 14.11.2020 |
RECEIPT |
| EXHIBIT | P3 | ROUGH SKET PROPERTY |
CH SHO | WING | THE LIE OF THE R | OAD AND |
| EXHIBIT | P4 | TRUE COPY 31.05.2017 |
OF IN WP |
THE (C)NO |
INTERIM ORDER .36227/2016 |
DATED |
| EXHIBIT | P5(A) | PHOTOGRAPH | DEPEC | TING | THE DAMAGE CAUSED | |
| EXHIBIT | P5(B) | PHOTOGRAPH | DEPEC | TING | THE DAMAGE CAUSED | |
| EXHIBIT | P6 | THE TRUE C PETITIONER 12.12.2021 |
OPY OF TO PO |
THE THEN |
REQUEST SUBMITTED CODE GRAMA PANCHA |
BY THE YATH ON |
| EXHIBIT | P7 | THE TRUE 12.02.2021 |
COPY UNDER |
OF THE |
THE APPLICATION RTI ACT. |
DATED |
| EXHIBIT | P8 | THE TRUE ASSISTANT |
COPY E |
OF T NGINE |
HE REPLY GIVEN ER,POTHENCODU |
BY THE GRAMA |
| PANCHAYATH | TO TH | E PET | ITIONER ON 20.02. | 2021. |
1 issue framed by the court
Whether construction on the public road side in front of the petitioner's property should be stopped.
Devi Gopakumar
State of Kerala
The Secretary to Government, Public Works Department (PWD)
The Chief Engineer, PWD
Pothencode Grama Panchayath
District Collector, Thiruvananthapuram District
M.A. Abdul Hakhim
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
