Anila Babu vs National Highway Authority Of ...
2021 Latest Caselaw 11419 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

   THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                           WP(C).No.4814 OF 2021(B)

PETITIONERS:

      1        ANILA BABU
               AGED 61 YEARS
               W/O. BABU GEORGE, KURISINKAL HOUSE, VYTTILA DESOM,
               POONITHURA VILLAGE, ERNAKULAM,PIN-682 019

      2        SHERRY MOHAN
               AGED 56 YEARS
               W/O. MOHAN GEORGE, KURISINKAL HOUSE, VYTTILA DESOM,
               POONITHURA VILLAGE, ERNAKULAM,PIN-682 019

               BY ADVS.
               SRI.P.MOHAMED SABAH
               SRI.LIBIN STANLEY

RESPONDENTS:

      1        NATIONAL HIGHWAY AUTHORITY OF INDIA
               REPRESENTED BY ITS PROJECT DIRECTOR, VII/511 B,
               NEITHELI, MAVELIPURAM ROAD, KAKKANAD, PIN-682 030

      2        THE PROJECT DIRECTOR,
               NATIONAL HIGHWAY AUTHORITY OF INDIA, VII/511 B,
               NEITHELI, MAVELIPURAM ROAD, KAKKANAD, PIN-682 030

      3        THE KADAMAKKUDY GRAMA PANCHAYATH,
               REPRESENTED BY ITS SECRETARY, PIZHALA P.O.,
               ERNAKULAM DISTRICT,PIN-682 027

      4        THE SECRETARY,
               KADAMAKKUDY GRAMA PANCHAYATH, PIZHALA.P.O.,
               ERNAKULAM DISTRICT, PIN-682 027

               R3-4   BY   ADV.   DR.K.P.SATHEESAN (SR.)
               R3-4   BY   ADV.   SRI.P.MOHANDAS (ERNAKULAM)
               R3-4   BY   ADV.   SRI.K.SUDHINKUMAR
               R3-4   BY   ADV.   SRI.S.K.ADHITHYAN
               R3-4   BY   ADV.   SRI.SABU PULLAN
               R3-4   BY   ADV.   SRI.GOKUL D. SUDHAKARAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      SATHISH NINAN, J.
             ==================
                  W. P. (C) No.4814 of 2021
             ==================
              Dated this the 8th day of April, 2021

                            JUDGMENT

The petitioners allege encroachment and

unauthorised constructions being effected on the

side of the National Highway and in front of the

properties of the petitioners thereby obstructing

their frontage. The petitioners submitted

complaints before the 4th respondent Panchayat

Secretary. As per Ext.P5, the petitioners were

informed that the complaints have been forwarded to

the National Highway for appropriate action since

the land in question is under their authority.

2. Voicing the grievance, the petitioners have

also submitted Ext.P2 representation before the

second respondent - the Project Director of the

National Highway Authority. It would be sufficient

if Ext.P2 complaint considered and appropriate

steps taken.

3. Accordingly, the writ petition is disposed

of directing the second respondent to consider W. P. (C) No.4814 of 2021

Ext.P2 complaint submitted by the petitioners and

pass appropriate orders thereon, with due notice to

the petitioners and the alleged encroachers. Let

the needful be done within a period of two months

from the date of receipt of a copy of this

judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.4814 OF 2021(B)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, KADAMAKKUDY PERTAINING TO THE PROPERTY OF THE PETITIONERS

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 03.03.2020 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENT NO.2

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 28.02.2020 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENT NO.4

EXHIBIT P4 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE UNAUTHORIZED CONSTRUCTIONS AT THE PROPERTY OF THE RESPONDENT NO.1 IN A MANNER CAUSING HINDRANCE FOR THE ENTERING INTO THE PROPERTY OF THE PETITIONERS

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 03.06.2020 ISSUED BY THE RESPONDENT NO.4 TO THE PETITIONER

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