Sreejayan vs The District Collector
2021 Latest Caselaw 4891 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

                       WP(C).No.3125 OF 2021(M)


PETITIONER:

               SREEJAYAN,
               AGED 55 YEARS,
               S/O. PARANGODAN, PARATHAYIL HOUSE, AUGUSTIANMUZHI,
               MUKKOM, KOZHIKODE - 673602.

               BY ADVS.
               SRI.T.SETHUMADHAVAN (SR.)
               SMT.PREETHI. P.V.

RESPONDENTS:

      1        THE DISTRICT COLLECTOR,
               KOZHIKODE, COLLECTORATE, CIVIL STATION, ERANHIPPALAM,
               KOZHIKODE - 673020.

      2        THE ASSISTANT ENGINEER,
               PWD ROAD DIVISION, KUNNAMANGALAM,
               KOZHIKODE - 673570.

      3        THE SECRETARY,
               MUKKOM MUNICIPALITY, KOZHIKODE - 673602.

               BY ADV. SMT.PRINCY XAVIER, GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION             ON
10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3125 OF 2021(M)

                                 2




                             JUDGMENT

The grievance of the petitioner is

that steps are taken for construction of a

public toilet adjoining the boundary of

petitioner's property. Petitioner claims

that he is entitled to have access to his

property from the PWD road and that cannot

be obstructed by such constructions.

2. The learned Government Pleader on

instructions submitted that as at present,

no permission is granted for construction of

public toilet and it is pointed out that the

road is to be widened and steps are afoot

for the same.

3. The petitioner has already approached

all the respondents submitting Ext.P3

representation requesting them not to take WP(C).No.3125 OF 2021(M)

any steps for obstructing his access to the

property by undertaking constructions.

As the learned Government Pleader

submitted that as at present permission is

not granted for the construction, there

shall be a direction to the respondents to

consider the representation submitted by the

petitioner, after affording an opportunity

of hearing to petitioner and to pass orders

in accordance with law, within a period of

one month from the date of receipt of a copy

of the judgment.

             Accordingly,      the     writ   petition    is

    disposed of.                                   Sd/-

                                              P.V.ASHA
                                                JUDGE
    ww
 WP(C).No.3125 OF 2021(M)






                           APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE ROUGH SKETCH SHOWING THE

LIE OF THE PETITIONER'S PROPERTY.

EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT ISSUED BY THAZHEKODE VILLAGE DATED 01.02.2021.

EXHIBIT P3 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS AS WELL AS BEFORE THE CHAIRMAN, MUKKOM MUNICIPALITY DATED 28.01.2021.

EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIVED FROM 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIVED FROM 2ND RESPONDENT.