IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 12250 OF 2022
PETITIONER:
RAJESH.R.
AGED 37 YEARS,
S/o RAJU,
RAJESH BHAVAN, PAZHAKULAM P.O,
PATHANAMTHITTA DISTRICT, PIN-691 554.
BY ADV K.K.SETHUKUMAR
RESPONDENTS:
1 THE SUPT.ENGINEER
KERALA ROAD FUND BOARD, KRFB, TC 27/287, SPORTS
COMPLEX, CHANDRA SEKHARAN NAIR STADIUM, PALAYAM,
THIRUVANANTHAPURAM, PIN-695 033.
2 THE EXE. ENGINEER,
KERALA ROAD FUND BOARD, KRFB, REST HOUSE,
T.B JUNCTION, THIRUVALLA, PIN-689 101
3 THE EXE. ENGINEER,
PWD ROADS DIVISION, PATHANAMTHITTA,
MINI CIVIL STATION, PATHANAMTHITTA DISTRICT,
PIN-689 645.
SRI. BIMAL K. NATH, SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12250 OF 2022
2
T.R. RAVI, J.
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W.P.(C)No.12250 of 2022
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Dated this the 29th day of June, 2022
JUDGMENT
Admit. Government Pleader takes notice for the respondents.
2. The grievance of the petitioner is that, even though the petitioner had preferred Ext.P1 complaint seeking appropriate action to remove the obstructions in the road at a curve which is likely to cause accidents, the respondents 1 to 3 are not taking any action on the complaint.
3. This Court had on 20.05.2022, directed the Government Pleader to place on record an Action Taken Report with regard to the offending structure. A report dated 07.06.2022 has been filed by the Executive Engineer, which has been placed on record along with a memo. It is stated in the report that on receipt of the complaint from the petitioner the Tahasildar, Mavelikkara was addressed on 19.04.2022 for reinstating the PWD boundary, since the boundary stones WP(C) NO. 12250 OF 2022 3 were not seen installed. It is further stated that the office is regularly following up the issue, to speed up the survey process and to demarcate the boundary and that on completion of the survey, if it is found that encroachment is there, necessary steps will be taken to remove the encroachments.
In the above circumstances, all that is necessary is to record the above report and direct the respondents to take necessary action. The writ petition is disposed of recording the Action Taken Report submitted by the Executive Engineer and directing the respondents to take follow up action after the completion of the survey, if it is found that there is encroachment. The respondents are directed to complete the survey and take necessary further action within four months from the date of receipt of a copy of this judgment.
Sd/-
T.R.RAVI JUDGE mpm WP(C) NO. 12250 OF 2022 4 APPENDIX OF WP(C) 12250/2022 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE COMPLAINT DATED 20.3.2022 GIVEN TO THE RESPONDENTS 1 TO 3 Exhibit P2 TRUE COPY OF THE POSTAL RECEIPT DATED 24.3.2022 Exhibit P3 TRUE COPY OF THE POSTAL RECEIPT DATED 24.3.2022 Exhibit P4 TRUE COPY OF THE POSTAL RECEIPT DATED 24.3.2022 Exhibit P5 ORIGINAL PHOTOGRAPH SHOWING THE OBSTRUCTION