IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 2831 OF 2022
PETITIONER:
ROY V RAJAN
AGED 48 YEARS
SON OF RAJAN VALIYAKALAYIL, MANNAR POOZHIKKOL PO, KADUTHURUTHY
KOTTAYAM - 686604., PIN - 686604
BY ADVS.
A.KRISHNAN
JOSE JOSEPH (MANNAR)
JOSEPH ISSAC
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY. PUBLIC WORKS DEPARTMENT, ROOM NO.
388, MAIN BLOCK SECRETARIAT, THIRUVANANTHAPURAM - , PIN -
695001
2 THE DISTRICT COLLECTOR
COLLECTORATE PO, KOTTAYAM, PIN - 686002
3 REVENUE DIVISIONAL OFFICER
PALAI, KOTTAYAM , PIN - 68657
4 THE TAHSILDAR
TALUK OFFICE VAIKOM, KOTTAYAM, PIN - 68660
5 THE VILLAGE OFFICER
KADUTHURUTHY , PIN - 686604
6 THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT ,KOTTAYAM , PIN - 686001
7 THE ASSISTANT EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT,SUB. DIVISION OFFICE, VALIYAPPALLY
ROAD, KADUTHURUTHY KOTTAYAM , PIN - 686045
8 THE ASSISTANT ENGINEER
PWD ,PALLIKKAVALA, THALAYOLAPARMBU ,PUBLIC WORKS DEPARTMENT
,KOTTAYAM, PIN - 686005
WP(C) NO. 2831 OF 2022
2
9 THE SECRETARY
KADUTHURUTHY GRAMA PANCHAYATH KADUTHURUTY PO, PIN - 686604
10 CHANDRAN
S/O PAPPA, MANNAR ,INCHIKKALAYIL HOUSE, POOZHIKKOL PO
KADUTHURUTHY , PIN - 686604
11 SUJATHA
W/O CHANDRAN, MANNAR ,INCHIKKALAYIL HOUSE, POOZHIKKOL PO,
KADUTHURUTHY , PIN - 686604
BY ADVS.
JUSTINE JACOB
M.DINESH
OTHER PRESENT:
SMT K AMMINIKUTY - SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.05.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2831 OF 2022
3
JUDGMENT
The petitioner alleges that respondents 10 and 11 have put up an unauthorized and unlicensed 'bunk' in such a manner so as to obstruct his ingress and egress from his property.
2. However, when this matter was called today, Sri.N.Dinesh
- learned counsel appearing for respondents 10 and 11 submitted, in answer to the afore allegations made on behalf of the petitioner by his learned counsel - Sri.A.Krishnan that the impugned 'bunk' has been removed by his clients voluntarily.
Recording the afore submissions, I dispose of this writ petition; however, with a direction to respondents 7, 8 and 9 to ensure that respondents 10 and 11 do not put up any structure in conflict with law in future either.
SD/-
DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 2831 OF 2022 4 APPENDIX OF WP(C) 2831/2022 PETITIONER EXHIBITS Exhibitp1 TRUE COPY OF PARTITION DEED NO. 760 OF 2019 OF THESUB REGISTRAR OFFICE, KADUTHURUTHY, DATED 29.05.2019.
Exhibit p2 - TRUE COPY OF BUILDING PERMIT DATED 31.08.2021 ISSUED BY THE 9TH RESPONDENT Exhibit p3 TRUE PHOTOGRAPHS SHOWING PRESENT POSITION Exhibit p4 TRUE COPY OF THE REPRESENTATION DATED 18.10.2021 FILED BEFORE THE 2ND RESPONDENT Exhibit p4(a) TRUE COPY OF REPRESENTATION DATED 18.10.2021 FILED BEFORE THE 4THRESPONDENT Exhibit p4(b) TRUE COPY OF REPRESENTATION DATED 18.10.2021 FILED BEFORE THE 5THRESPONDENT Exhibit p4(c) TRUE COPY OF REPRESENTATION DATED 18.10.2021 FILED BEFORE THE 6TH RESPONDENT Exhibit p4(d) TRUE COPY OF REPRESENTATION DATED 18.10.2021 FILED BEFORE THE 7TH RESPONDENT.
Exhibit p4(e) - TRUE COPY OF REPRESENTATION DATED 18.10.2021 FILED BEFORE THE 8TH RESPONDENT Exhibit p4(f) TRUE COPY OF REPRESENTATION DATED 18.102021 FILED BEFORE THE 9TH RESPONDENT