Kerala High Court
Rajeev.A.K vs Kalamassery Municipality on 19 February, 2021
WP(C).No.33428 OF 2014(S) -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942
WP(C).No.33428 OF 2014(S)
PETITIONER/S:
RAJEEV.A.K.
AMBAZHATHUPARAMBU, ROCKWELL ROAD, PALLILAMKARA, HMT
COLONY P.O., THRIKKAKARA NORTH (PART), HMT COLONY,
ERNAKULAM, PIN - 683 503.
BY ADV. SRI.C.S.MANU
RESPONDENT/S:
1 KALAMASSERY MUNICIPALITY
REPRESENTED BY ITS SECRETARY, CHANGAMPUZHA NAGAR
P.O., ERNAKULAM, PIN - 682 033.
2 THE SECRETARY
KALAMASSERY MUNICIPALITY, CHANGAMPUZHA NAGAR P.O.,
ERNAKULAM, PIN - 682 033.
3 CIRCLE INSPECTOR OF POLICE
TRAFFIC EAST KOCHI CITY, EDAPPALLY P.O., ERNAKULAM,
PIN - 682 026.
ADDL.4 THE DISTRICT COLLECTOR
COLLECTORATE, ERNAKULAM, PIN - 682 030.
ADDL.5 THE ASSISTANT EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT, ROADS SUB-DIVISION, CIVIL
STATION, KAKKANAD, PIN - 682 030. ADDL. RESONDENTS
4 AND 5 VIDE ORDER DATED 15/01/2014 IN I.A
17179/2014.
ADDL.6 SAID MUHAMMED A.T
AGED 47 YEARS
S/O.ABOOBACKER,THEENATTU HOUSE, HMT COLONY PO.,
KALAMASSERY, ERNAKULAM DISTRICT.
WP(C).No.33428 OF 2014(S) -2-
ADDL.7 K.M.BAVA
AGED 65 YEARS
S/O.MARIKKAR, KUDILIL HOUSE, CHENAKKALA ROAD, HMT
COLONY PO., KALAMASSERY, ERNAKULAM DISTRICT.
ADDL.8 ABDUL KHADER
AGED 43 YEARS
S/O.I.P.USMAN, THEENATTU HOUSE, HMT COLONY PO.,
KALAMASSERY, ERNAKULAM DISTRICT.
ADDL.9 ABDUL KARIM
AGED 60 YEARS
S/O.NAINA PILLAI, VARYATHU HOUSE, SOUTH
KALAMASSERY, ERNAKULAM DISTRICT.
ADDL.10 MUHAMMEDALI
AGED 62 YEARS
S/O.KOCHU MARIKKAR, PALLATHUKATTIL HOUSE,
CHENAKKALA ROAD, KALAMASSERY PO., ERNAKULAM
DISTRICT.
ADDL.11 AHAMMED ALI
AGED 48 YEARS
S/O.I.P.USMAN, IYYATTU HOUSE, HMT COLONY PO.,
KALAMASSERY, ERNAKULAM DISTRICT.
ADDL.12 FIROS
AGED 32 YEARS
S/O.UMMAN CHALUNKAL HOUSE, HMT COLONY PO.,
KALAMASSERY, ERNAKULAM.
ADDL.13 LATHEEF
AGED 30 YEARS
S/O.M.M.MUHAMMED, MANAKKATTU HOUSE, HMT COLONY PO.,
KALAMASSERY, ERNAKULAM.
ADDL.14 SULEKHA UMMER
AGED 49 YEARS
W/O.LATE UMMER, IYYATHU HOUSE, HMT COLONY PO.,
KALAMASSERY, ERNAKULAM DISTRICT.
ADDL.15 MANIYAPPAN
AGED 38 YEARS
S/O.GOPALAN, 34048, VEERAMBRATHU HOUSE, CHEMBU PO.,
VAIKKOM, ERNAKULAM DISTRICT.
ADDL. RESPONDENTS 6 TO 15 ARE IMPLEADED VIDE ORDER
DATED 23/01/2015 IN I.A 17606/2014
R1-2 BY ADV. SRI.M.K.ABOOBACKER
R1 BY ADV. SRI.K.ABDUL JAWAD
R1, R6-15 BY ADV. SRI.MATHEW A KUZHALANADAN
WP(C).No.33428 OF 2014(S) -3-
R1 BY ADV. SRI.N.K.SUBRAMANIAN
R1, R6-15 BY ADV. SMT.VINEETHA V.KUMAR
R3-5 BY ADV. ARAVINDA KUMAR BABU, SR.G.P
R6-15 BY ADV. SRI.ABDUL JAWAD K.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19-02-2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.33428 OF 2014(S) -4-
JUDGMENT
Dated this the 19th day of February, 2021
Shaji P. Chaly, J.
This is a Public Interest Litigation filed by a person claiming to
be a public spirited citizen of India and a local resident within the
limits of Kalamassery Municipality, seeking the following reliefs:-
"(i) Issue a writ of mandamus or any other appropriate
writ, order or direction, directing the respondents 1 and 2
forthwith summarily evict all the unauthorized encroachers who
have encroached into the Jawaharlal Nehru road (HMT road)
starting from the HMT junction at Kalamassery and proceeding
towards east.
(ii) Allow cost of the petition to the petitioner."
2. The basic contentions advanced by the petitioner is that the
respondent Municipality, its Secretary and other Government officials,
including the District Collector, Ernakulam, have not taken any action
for evicting the unauthorized encroachers from the public road,
namely Jawaharlal Nehru road (HMT road), starting from HMT
junction Kalamassery and proceeding towards east. According to the
petitioner, several shops including hotel, Milma booth, fruit shops,
thattukada, bakery, telephone booth etc. are functioning on the north
eastern corner and along the northern portions of the said road.
3. That apart, it is stated that the said shops have been put up by
encroaching into the northern portion of the road at a width of 15
meters and a length of 50 meters towards east, and further
encroachment continues towards east, along the northern portion of
the road, i.e., after the bus stop and auto rickshaw stand. Petitioner
also submitted that even though Municipality and the Secretary were
apprised of the situation even by way of a written representation, no
actions were initiated, persuading the petitioner to approach this Court
by filing the writ petition.
4. The Assistant Executive Engineer, PWD Roads has filed a
counter affidavit basically contending that on enquiry, it was found
that various shops are functioning along the northern side, proceeding
towards east of HMT road, by encroaching the public road, and they
are remaining as unauthorized structures. However, it was learned that
10 number of shops functioning there are having unauthorized (UA)
shop numbers from Municipality and 8 number of shop rooms are
having electric connection from the Kerala State Electricity Board.
The Assistant Executive Engineer also submitted that it is for the
Municipality to take appropriate action to remove the encroachments
by rehabilitating the encroachers.
5. The Municipality and its Secretary, i.e. respondents 1 and 2,
have also filed a statement before this Court stating that in spite of
earnest efforts of the Municipality, the encroachers could not be
evicted due to the stiff resistance put forth by them.
6. However, today when the when the matter was taken up, Mr
M.K. Aboobacker, learned Standing Counsel for the Kalamassery
Municipality submitted that all the encroachers were removed from
the road portion, and has rehabilitated them, and at present, the issues
raised by the petitioner in the writ petition no more survive. In that
view of the matter we do not propose to dwell deep into the rival
submissions made across the bar being a futile exercise.
7. After having heard respective counsel on either side and
perusing the pleadings and material on record, we are of the
considered opinion that the writ petition can be given a quietus by
recording the submission made by learned Standing Counsel for the
Municipality, that the relief sought for by the petitioner in the writ
petition have become infructuous, consequent to the action taken by
the Municipality, by removing the unauthorized encroachers and
rehabilitating them.
Therefore the writ petition is disposed of recording the above
submission of the learned Standing Counsel for the Kalamassery
Municipality, and also making it clear that if anything remains to be
done to remove such encroachments the Secretary of the Municipality
shall take adequate and effective steps at the earliest. All the pending
interlocutory applications would stand closed.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P.CHALY
JUDGE
Eb
///TRUE COPY/// P. A. TO JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED
12.11.2012 IN W.P.(C)NO.20513 OF 2012
PASSED BY THIS HON'BLE COURT.
EXHIBIT P2 TRUE COPY OF THE LETTER
NO.1596/TC/2014/CITE DATED 09.10.2014
ISSUED BY THE CIRCLE INSPECTOR OF
POLICE,, CITY TRAFFIC, EAST, KOCHI
CITY, EDAPPALLY, TO THE SECRETARY,
KALAMASSERY MUNICIPALITY.
EXHIBIT P2(A) ENGLISH TRANSLATION OF EXT.P2.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED
06.12.2014 SUBMITTED BY THE PETITIONER
TO THE 2ND RESPONDENT.
EXHIBIT P3(A) TRUE COPY OF THE POSTAL RECEIPT BEARING
NO.EL533839079 IL DATED 06.12.2014
ISSUED BY THE SPEED POST CENTRE,
ERNAKULAM, PIN - 682 011 TO THE
PETITIONER.
