Kerala High Court
Shri. K.P. Lakshmanan vs The State Of Kerala on 5 August, 2021
WP(C) NO. 7049 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
WP(C) NO. 7049 OF 2021
PETITIONER/S:
SHRI. K.P. LAKSHMANAN,
AGED 55 YEARS,
S/O.K.K.KUTTYAPPA NAIR, RESIDING AT 'SRISHTI, NEAR
CCSM LTD, P.O. CHOVVA, KANNUR - 670006.
BY ADVS.
S.SREEKUMAR (SR.)
SRI.P.MARTIN JOSE
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
SRI.R.GITHESH
SRI.AJAY BEN JOSE
SRI.MANJUNATH MENON
SHRI.HARIKRISHNAN S.
RESPONDENT/S:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, PUBLIC WORKS
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2 THE DISTRICT COLLECTOR,
COLLECTORATE ROAD, THAVAKKARA, KANNUR - 670002.
3 THE CHIEF ENGINEER(ROADS),
PWD, ADMINISTRATION AND ROADS AND BRIDGES, PALAYAM,
THIRUVANANTHAPURAM - 695033.
4 THE EXECUTIVE ENGINEER,
ROADS DIVISION, PWD, KANNUR - 670002.
WP(C) NO. 7049 OF 2021 2
5 THE ASSISTANT EXECUTIVE ENGINEER,
PWD ROADS SUB - DIVISION, KANNUR - 670002.
SMT K AMMINIKUTTY, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7049 OF 2021 3
JUDGMENT
The petitioner owns property having an extent of 3.49 Ares in Sy. No.
141/2 of Kannur Taluk. He has put up a residential building therein and is
residing with his family.
2. The grievance of the petitioner concerns the alignment of the
proposed construction of a new road from Thaze Chovva Railway Gate to
Chovva Cooperative Spinning Mill. The petitioner contends that due to
political influence exerted by certain interested persons, the alignment has
been changed. If the road is constructed along the present alignment, it
would bisect the property of the petitioner. In the said circumstances and
narrating his grievances, the petitioner had preferred Ext.P7 representation
before the 4th respondent. Later, he approached this Court and filed W.P.
(C) No.22676 of 2020. By judgment dated 19.11.2020, the writ petition was
disposed of by this Court directing the Executive Engineer, Roads Division
to take a decision on Ext.P7 representation submitted by the petitioner
within a period of eight weeks, after hearing the petitioner.
3. On 7.1.2021, Ext.P9 notice was issued to the petitioner asking him
to appear on 13.1.2021. However, as the petitioner was at Itanagar in
Arunachal Pradesh, he sent Ext.P10 letter by e-mail requesting that the
date of hearing be deferred to 25.1.2021. The 4th respondent ignored
Ext.P10 and issued Ext.P11 communication rejecting the request.
Immediately thereafter, the petitioner submitted Ext.P12 pointing out all
these aspects. Finally, by Ext.P14, the 4th respondent informed the
petitioner that no change can be made to the alignment. It is in the
aforesaid background that the petitioner is before this Court seeking to
quash Ext.P6, P6(a) to (c) and for a further direction to the 4th respondent
to dispose of Ext.P7 after affording an opportunity to the petitioner.
4. I have heard Sri. Martin Jose, the learned counsel appearing for
the petitioner.
5. The learned Government Pleader submitted that enough
opportunities were granted to the petitioner, but he did not avail of the
same.
6. I have considered the submissions. It is undisputed that the
petitioner was not heard before Ext.P11 communication was issued
pursuant to Ext.P8 judgement issued by this Court. From Ext.P10 it is
evident that the petitioner was not in station and he had sent an email in
advance seeking hearing on another day. Instead of granting the petitioner
an opportunity to advance his contentions, Ext.P11 decision was taken.
Having considered the entire facts, I am of the considered opinion that the
4th respondent can be directed to consider the matter afresh after affording
the petitioner an opportunity of being heard.
7. In that view of the matter, there will be a direction to the
petitioner to appear before the 4th respondent on 24.8.2021 on which day
the 4th respondent shall hear the petitioner on Exhibit P7 and take a fresh
decision in accordance with the law.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
NS
APPENDIX OF WP(C) 7049/2021
PETITIONER(S) EXHIBITS :
EXHIBIT P1 TRUE COPY OF SALE DEED NO. 4330 OF 1996
DATED 24.12.1996.
EXHIBIT P2 TRUE COPY OF BASIC TAX RECEIPT FOR THE
PERIOD 2020-2021.
EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED
16.09.2020 SUBMITTED BY THE PETITIONER
BEFORE THE 5TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF LETTER DATED 22.09.2020
ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF INITIAL PLAN FROM CH.OM TO
CH.475M OBTAINED UNDER RIGHT TO
INFORMATION ACT.
EXHIBIT P5(A) TRUE COPY OF INITIAL PLAN FROM CH 475M TO
CH 794.31M OBTAINED UNDER RIGHT TO
INFORMATION ACT.
EXHIBIT P6 TRUE COPY OF FINAL PLAN FROM CH.OM TO
CH.802/245M OBTAINED UNDER RIGHT TO
INFORMATION ACT.
EXHIBIT P6(A) TRUE COPY OF FINAL PLAN FROM CH.OM TO
CH.375M OBTAINED UNDER RIGHT TO
INFORMATION ACT.
EXHIBIT P6(B) TRUE COPY OF FINAL PLAN FROM CH.50M TO
CH.475M OBTAINED UNDER RIGHT TO
INFORMATION ACT.
EXHIBIT P6(C) TRUE COPY OF FINAL PLAN FROM CH.475M TO
CH.802/245M OBTAINED UNDER RIGHT TO
INFORMATION ACT.
EXHIBIT P7 TRUE COPY OF REPRESENTATION DATED
08.09.2020 SUBMITTED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF JUDGMENT DATED 19.11.2020 IN
WP(C) NO. 22676 OF 2020 OF THIS HON'BLE
COURT.
EXHIBIT P9 TRUE COPY OF LETTER DATED 07.01.2021
ISSUED BY THE 4TH RESPONDENT TO THE
PETITIONER.
EXHIBIT P10 TRUE COPY OF EMAIL DATED 11.01.2021 SENT
BY THE PETITIONER TO THE 4TH RESPONDENT.
EXHIBIT P11 TRUE COPY OF LETTER NO. A2/6612/2020 DATED
13/01/2021 ISSUED BY THE 4TH RESPONDENT TO
THE PETITIONER.
EXHIBIT P12 TRUE COPY OF REPRESENTATION SUBMITTED BY
THE PETITIONER ON 19.01.2021 TO THE 4TH
RESPONDENT.
EXHIBIT P13 TRUE COPY OF MINUTES OF THE MEETING HELD
ON 28.01.2021.
EXHIBIT P14 TRUE COPY OF LETTER NO. A2-6612/2020 DATED
20.01.2021 ISSUED BY THE 4TH RESPONDENT TO
THE PETITIONER.
EXHIBIT P15 TRUE COPY OF LETTER NO. A2-6612/2020 DATED
06.02.2021 OF THE 4TH RESPONDENT.
RESPONDENT(S) EXHIBITS : NIL
