Kerala High Court
Babu vs The State Of Kerala on 27 August, 2021
WP(C) NO. 25792 OF 2010 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
WP(C) NO. 25792 OF 2010
PETITIONER/S:
1 BABU
MADHURAPPALLIL HOUSE, PRAYAR SOUTH,, ALUMPEEDIKA
P.O., PIN - 690 547,, KOLLAM DIST.
2 KUNJUMON AGED 40 SO.KOYAKUNJU
SAJITHA MANZIL, MALAMEL BHAGOM,, KAREELAKULANGARA
P.O., KAYAMKULAM,, ALAPPUZHA DIST.
3 PURUSHOTHAMAN AGED 61
S/O.KOCHUKRISHNAN, CHALITHARAYIL,, AYIRAMTHENGU,
ALUMPEEDIKA, P.O.PARYAR, VIA, PIN - 690 547, KOLLAM
DIST.
4 AJAYAKUMAR AGED 39 SO.CHANDRASENAN
RAJIVILASOM, AYIRAMTHENGU, ALUMPEEDIKA P.O., PIN -
690 547, KOLLAM DIST.
5 BHADRAN AGED 54 SO.YESODHARAN
VADAKKETHOPPIL, AZEEKKAL P.O.,, PRAYAR, PIN - 690
547, KOLLAM DIST.
6 SASIDHARAN AGED 52 SO.BALAKRISHNAN
SHYAM NIVAS, PRAYAR SOUTH, AYIRAMTHENGU,, ALUMPEEDIKA
P.O., PIN - 690 547, KOLLAM DIST.
7 SREEJU AGED 30 SO.SREEDHARAN
ALUMPEEDIKA P.O, PRAYAR SOUTH,, PIN - 690 547, KOLLAM
DIST.
8 LORANCE CRUZ AGED 63 SO.VARGHESE
PUTHENPURAYIKL HOUSE, AYIRAMTHENGU,, ALUMPEEDIKA P.O,
PIN - 690 547, KOLLAM DIST.
9 SAJU.V. AGED 37 SO.VASU
MARAKKASSERIL HOUSE, AYIRAMTHENGU,, ALUMPEEDIKA P.O,
WP(C) NO. 25792 OF 2010 2
PRAYAR-VIA., PIN - 690 547, KOLLAM DIST.
10 LITHA SAJU AGED 28 WO.SAJU.V.
MARACKASSERIL HOUSE, AYIRAMTHENGU,, ALUMPEEDIKA P.O,
PIN - 690 547, KOLLAM DIST.
11 NOUSHAD AGED 45 SO.ALIYARUKUNJU
PUTHUPARACKAMANNEL, AYIRAMTHENGU,, ALUMPEEDIKA P.O,
PARYAR, PIN - 690 547,, KOLLAM DIST.
12 ALIYARUKUNJU, AGED 78
S/O.KUNJU MIDHEEN KUNJU, PUTHUPARACKAMANNEL,,
AYIRAMTHENGU, ALUMPEEDIKA P.O, PIN - 690 547,, KOLLAM
DIST.
13 EARNEST JOSEPH AGED 38
S/O.JOSEPH FERNANDEZ, KOCHUMANNEL HOUSE,, AZHEEKAL
P.O., PRAYAR VIA PIN - 690 547,, KOLLAM DIST.
14 LIYON DCRUZ AGED 63
S/O.LORENCE, D'CRUZ, JESUS MARY NIVAS,, KALLUMMOODU,
KPAC JUNCTION, KAYAMKULAM P.O., ALAPPUZHA DIST. 690
502.
15 THANGAL KUNJU AGED 61 SO.MOOSA SAHIB
ERAIMANGALATHU THEKKATHIL HOUSE,, CLAPPANA P.O.,
KARUNAGAPPALLY,, PIN - 690 547, KOLLAM DIST.
16 DINESH BABU AGED 53 SO.DIVAKARAN
MUTHALASSERIL THEKKATHIL HOUSE,, CHETTIKULANGARA,
OLLAKETTIAMBALAM P.O.,, MAVELIKKARA, PIN - 690 510.
17 PRASAD AGED 44 SO.SIVADASAN
KOONETHU, AYIRAMTHENGU, ALUMPEEDIKA P.O., PIN - 690
547, KOLLAM DIST.
18 RUBY PRASAD AGED 34 WO.PRASAD
KOONETHU, AYIRAMTHENGU, ALUMPEEDIKA P.O., PIN - 690
547, KOLLAM DIST.
19 RAJAN AGED 51 SO.THANKAPPAN
BABU MANDIRAM, ADINADU THEKKU, KATTILKADAVU P.O.,
KARUNAGAPPALLY, PIN - 690 547, KOLLAM DIST.
20 ABDUL SAMAD AGED 60
S/O.MOHAMMOODU KUNJU, MEVOOR,, AYIRAMTHENGU,
WP(C) NO. 25792 OF 2010 3
ALUMPEEDIKA P.O., PIN - 690 547, KOLLAM DIST.
21 SHAHUL HAMEED AGED 41
S/O.MOHAMMOODU KUNJU, NEDIYANATTU HOUSE,, CLAPPANA
P.O., PIN - 690 547, KOLLAM DIST.
22 THANKACHY AGED 45 WO.ULLAS
MATHASSERIL HOUSE, CLAPPANA NORTH,, CLAPPANA P.O.,
PIN - 690 547, KOLLAM.
23 MADHHU AGED 44 SO.NARAYANAN
PUTHENMANNEL HOUSE, AZHEEKAL P.O., PRAYAR, PIN - 690
547, KOLLAM.
24 PRASAD.M. AGED 50 SO.MADHAVAN
KOLLASSERIL HOUSE, ALUMPEEDIKA P.O., PIN - 690 547,
KOLLAM.
25 NAVSUDEEN AGED 27 SO.SHAMSUDHEEN
KADATHUKADAVIL, AYIRAMTHENGU,, ALUMPEEDIKA P.O. PIN -
690 547, KOLLAM.
26 SHARGADHARAN AGED 51 SO.BALAKRISHNAN
KALARICKAMMANNEL (A.A.VILLA), AYIRAMTHENGU,,
ALUMPEEDIKA P.O. PIN - 690 547, KOLLAM.
27 ARUN AGED 25 SO.SANAGADHARAN
A.A.VILLA, AYIRAMTHENGU, ALUMPEEDIKA P.O., KOLLAM,
PIN - 690 547.
28 VALSALA AGED 45 WO.SARANGADHARAN
A.A.VILLA, AYIRAMTHENGU, ALUMPEEDIKA P.O., KOLLAM,
PIN - 690 547.
29 AMBUJAN AGE 55 SO.KARUNAKARAN
ARAYANPARAMBIL HOUSE, ADINADU P.O., KARUNAGAPPALLY
PIN - 690 542.
30 BALACHANDRAN AGE 53 SO.VEERASENAN
PARAYIDATHU, AZHEEKKAL P.O. PRAYAR VIA., KOLLAM DIST
- 690547.
31 RUKIYA BEEVI AGED 60 WO.ALIYARUKUNJU
PUTHUPURACKAMANNEL, AYIRAMTHENGU,, ALUMPEEDIKA P.O.,
PRAYAR, KOLLAM, PIN - 690547.
WP(C) NO. 25792 OF 2010 4
32 CHANDRIKA AGE 55 WO.LATE VASU
MANACKASSERIL, AYIRAMTHENGU,, ALUMPEEDIKA P.O.,
KOLLAM, PIN - 690547.
33 RAJAMONY AGE 51 WO.LATE SASIDHARAN
REEJABHAVANAM, AZHEEKAL P.O., PRAYAR VIA, KOLLAM
DIST, PIN - 690547.
BY ADV SMT.R.RANJANIE
RESPONDENT/S:
1 THE STATE OF KERALA
THE SECRETARY TO THE GOVERNMENT,, LAND AND REVENUE,
SECRETARIAT,, THIRUVANANTHAPURAM
2 ADDITIONAL CHIEF SECRETARY TO GOVT AND
PROJECT DIRECTOR TEAP, DISASTER MANAGEMENT, (TRP-
CELL) DEPARTMENT, SECRETARIAT,, THIRUVANANTHAPURAM
3 THE DISTRICT COLLECTOR KOLLAM.
4 EXECUTIVE DIRECTOR
KERALA STATE P.W.D.ROADS DIVISION,, KERALA PUBLIC
WORKS DEPARTMENT, KOLLAM.
5 ASST.EXECUTIVE ENGINEER P.W.D.
BRIDGE'S SECTION,, OFFICE OF THE ASST.ENGINEER
BRIDGE'S SECTION,, KARUNAGAPPALLY.
BY SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 25792 OF 2010 5
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C.) No.25792 of 2010
--------------------------------------
Dated this the 27th day of August, 2021
JUDGMENT
The above writ petition is filed with following prayers :
i) "Writ of mandamus, directing the respondents to compensate
the petitioners for the deprivation of their only source of livelihood
during the construction work of the "Aazhikal Ayiram thengu Palam
crossing the Kayamkulam Kayal, National watercourse, by paying an
amount of Rs.4,500/- per month from July 2008 till April 2010, for a
total period of 22 months.
ii) Pass such other orders as this Hon'ble Court may deem fit and
necessary in the facts and circumstance of the case.
And
Allow this Original petition with cost."
2. The petitioners are occupants of shop rooms situated
at Ayiramthengu Junction, Karunagappally and was conducting
different trades. The project of constructing overbridge at
Aazhikal-Ayiramthengu palam crossing the Kayamkulam Kayal,
National watercourse was approved by the Government and the
construction of the bridge started in 2005. By the construction
of the bridge, the shop rooms lies underneath the bridge just
about 5 metres away from the pillars of the bridge. When the
construction reached the eastern side of the Kayal in May 2008,
the respondents required all the petitioners to close down their
shop rooms, in view of the construction being done very close to
their building. The access of the building to this area was also
blocked due to the construction. It is the case of the petitioners
that an amount of Rs.4,500/- per month as allowance for the
loss of their livelihood during the period of construction due to
the closure of their shop rooms was assured by the
Government. According to the petitioners, from April 2008
onwards, the shop rooms were closed. Though the project of
Ayiramthengu-Aazhikal bridge was to be executed before
October 2008, the bridge was completed and inaugurated only
by March 2010. According to the petitioners, they were
permitted to commence their trade only after inauguration of
the bridge, that also only from April 2012. After several
agitations made by the petitioners, it is stated that the
respondents paid an amount of Rs. 13,500/- to the petitioners
being allowance for a period of 3 months from April 2008 to
June 2008 at the rate of Rs.4,500/-. According to the petitioners,
they are entitled an amount of Rs.4,500/- per month from July
2008 till April 2010 for a total period of 22 months, the period
during which the shop rooms of the petitioners were closed
down for the construction of the bridge. Hence, this writ
petition is filed. A counter affidavit is also filed by the 1 st
respondent disputing the averments in the writ petition.
3. Admittedly, the construction of the bridge is already
over. The inauguration of the new bridge was in the year 2010.
Admittedly, the petitioners were conducting the shops
thereafter. At this distance of time, I am not in a position to
pass any orders in this writ petition.
Therefore, this writ petition is dismissed.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX
PETITIONER'S EXHIBITS :
EXT.P1 THE PHOTOCOPY OF THE ORDER DATED 30.7.2007 OF THE 1ST
RESPONDENT
EXT.P2 THE PHOTOCOPY OF THE GOVERNMENT ORDER DATED
26.10.2007
EXT.P3 THE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONERS BEFORE THE 2ND RESPONDENT
EXT.P4 THE PHOTOCOPYN OF THE REPRESENTATION SUBMITTED BY THE
PETITIONERS
EXT.P5 THE PHOTOCOPY OF THE GOVERNMENT ORDER DATED 5.11.2004
EXT.P6 THE PHOTOCOPY OF THE DECISION OF THE TALUK LEGAL
SERVICE COMMITTEE, KARUNAGAPPALLY DATED 13.3.2009
EXT.P7 THE PHOTOCOPY OF THE JUDGMENT DATED 7.8.2009 IN WP NO
19105 OF 2009
EXT.P8 THE PHOTOCOPY OF THE JUDGMENT DATED 9.12.2009 IN CCC
NO.1409 OF 2009
EXT.P9 THE PHOTOCOPY OF THE COMMUNICATION DATED 29.6.2010.
EXT.P10 THE PHOTOCOPY OF THE GOVERNMENT ORDER DATED
16.4.2010.
RESPONDENT'S EXHIBITS : NIL
