Disposed

K.Hari Sankar v. the Chief Engineer

Kerala HC24 Mar 2025WP(C)/12243/2023

Case brief

AI extract

What is this about?

Resident sought direction to permanently close doors in a retaining wall built between a road and the Killy River, which defeated its purpose. The Court disposed of the writ petition directing the Chief Engineer to consider and pass orders on the petitioner's representation after site inspection within eight weeks.

What did the court decide?

Chief Engineer directed to consider and pass orders on Ext.P5 representation after site inspection within eight weeks.

K.Hari Sankar Vs the Chief Engineer — Municipal and Town Planning | Kerala HC (2025)

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 2025:KER:25254

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

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MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947

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WP(C) NO. 12243 OF 2023

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PETITIONER:

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K.HARI SANKAR, AGED 55 YEARS, NALUKETTU HOUSE, MRA 199A, MANIKANTESWARAM, THIRUVANANTHPAURAM DISTRICT, PIN – 695013.

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BY ADVS.

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T.R.HARIKUMAR
ARJUN RAGHAVAN

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RESPONDENTS:

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1 THE CHIEF ENGINEER, IRRIGATION DEPARTMENT, PUBLIC OFFICE COMPLEX, VIKAS BHAVAN, THIRUVANANTHPAURAM., PIN – 695033.

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2 THE DEPUTY CHIEF ENGINEER, IRRIGATION VIGILANCE, OFFICE OF THE CHIEF ENGINEER, PUBLIC OFFICE COMPLEX, VIKAS BHAVAN, THIRUVANANTHPAURAM, PIN – 695033.

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3 PRADEEP KUMAR @ MANU, S/O.CHANDRAN, KAVUVILA HOUSE, DR.HEDGEWAR ROAD, MANIKANTESWARAM, THIRUVANANTHPAURAM., PIN – 695013.

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4 VISHNU, S/O.SASI, KAVUVILA HOUSE, DR.HEDGEWAR ROAD, MANIKANTESWARAM, THIRUVANANTHPAURAM., PIN – 695013.

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BY ADVS.
R.V. SREEJITH
G.MAHESWARY(K/1688/2001)

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W.P.(C)No.12243 of 2023 2 2025:KER:25254

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T.RINI(K/1194/2000) HARIGOVIND S.NAIR(K/933/2022)

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OTHER PRESENT:

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SRI E G GORDEN SR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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W.P.(C)No.12243 of 2023 3 2025:KER:25254

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JUDGMENT

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The petitioner, stated to be a resident of Manikandeswarm, Thiruvananthaupuram District has filed the captioned writ petition pointing out that though at the request of the Residents Association, a retaining wall was constructed between the road and the Killy River, on account of the installation of the doors as seen from Ext.P4 photographs, no purpose is being served.

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Sri.T.R.Harikumar, the learned counsel for the petitioner, with reference to the averments in the writ petition, would point out that the doors are to be permanently closed by a joining the retaining wall and steps are to be provided in both sides for the ingress and egress to the river, if required.

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I notice that the petitioner has already submitted Ext.P5 before the 1^st respondent herein, pointing out about the afore aspect.

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In such circumstances, this writ petition would stand disposed of directing the 1^st respondent to consider and pass orders in Ext.P5, as expeditiously as possible, and after

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W.P.(C)No.12243 of 2023 4 2025:KER:25254

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conducting a site inspection, within a period of eight weeks from today.

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Sd/-

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HARISANKAR V. MENON

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JUDGE

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ANA

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W.P.(C)No.12243 of 2023 5 2025:KER:25254

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APPENDIX OF WP(C) 12243/2023

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PETITIONER EXHIBITS

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Exhibit-P1A TRUE COPY OF THE REPRESENTATION DATED
25-05-2020 FILED BY THE PRESIDENT,
INDIAN NATIONAL CONGRESS (I),
VATTIYOORKAVU BLOCK COMMITTEE,
THIRUVANANTHAPURAM, BEFORE THE 1ST
RESPONDENT

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Exhibit-P2A TRUE COPY OF THE REPRESENTATION DATED
25-05-2020 FILED BY THE PRESIDENT,
BHARATHIYA JANATHA PARTY,
THIRUVANANTHAPURAM DISTRICT, BEFORE THE
1ST RESPONDENT

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Exhibit-P3A TRUE COPY OF THE REPRESENTATION DATED
26-05-2020 FILED BY THE SECRETARY,
MANIKANDESWARM RESIDENTS ASSOCIATION,
BEFORE THE 1ST RESPONDENT

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Exhibit-P4COPY OF THE PHOTOGRAPHS SHOWING
CONSTRUCTION OF THE GATE BETWEEN THE
PROTECTING WALL

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Exhibit-P5

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A TRUE COPY OF THE REPRESENTATION DATED
03-10-2022, FILED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT

K.Hari Sankar v. the Chief Engineer

Case brief

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K.Hari Sankar v. the Chief Engineer

Case brief

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