S.Devarajan vs State Of Kerala
2021 Latest Caselaw 12735 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
    FRIDAY, THE 4TH DAY OF JUNE 2021 / 14TH JYAISHTA, 1943
                    WP(C) NO. 10914 OF 2021
PETITIONER:
0



           S.DEVARAJAN,
           AGED 66 YEARS,
           S/O. LATE SEKHARAN,
           S.R.A. 250, ANOOR VEEDU,
           VADAKKUMBHAGAM, KARIYIL KAZHAKKUTTAM P.O.,
           THIRUVANANTHAPURAM DISTRICT.

           BY ADVS.
           P.P.BIJU
           SHRI.T.V.ANTU
           SRI.U.KABIR


RESPONDENTS:
    1     STATE OF KERALA,
          REPRESENTED BY SECRETARY,
          LOCAL SELF GOVERNMENT DEPARTMENT,
          SECRETARIAT, THIRUVANANTHAPURAM-695001.
    2     THE THIRUVANANTHAPURAM CORPORATION,
          REPRESENTED BY SECRETARY,
          OFFICE OF THIRUVANANTHAPURAM CORPORATION,
          LMS, THIRUVANANTHAPURAM-695033.
    3     THE ASSISTANT ENGINEER,
          MINOR IRRIGATION DEPARTMENT,
          KAZHAKKOOTTAM P.O., KAZHAKKOOTTAM,
          THIRUVANANTHAPURAM-695582.
    4     THE VILLAGE OFFICER,
          KAZHAKKOOTTAM VILLAGE OFFICER,
          KAZHAKKOOTTAM P.O.,
          THIRUVANANTHAPURAM-695582.

           BY ADVS.
           SRI.N.NANDAKUMARA MENON (SR.)
           SRI.P.K.MANOJKUMAR, SC
           GOVERNMENT PLEADER SMT.PRINCY XAVIER

     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 04.06.2021, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
 WP(C) No.10914/2021
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 4th day of June, 2021

The petitioner has approached this Court seeking

to direct respondents 2 and 3 to provide 5 metres of space on

the eastern side of the bridge for easy turning of the vehicles.

2. The petitioner owns 21 cents of land and a

residential building in Survey Nos.182/5 and 185/6 in

Kazhakkoottam Village, Thiruvananthapuram Taluk, and is

bound by a canal named "Thettiyar Thodu" on the western

side. The canal is maintained by Minor Irrigation Department.

The grievance of the petitioner is that the 2 nd respondent has

started construction of a bridge across the canal without

getting the sanction of the 3rd respondent- Assistant Engineer

of the Minor Irrigation Department and without providing

sufficient space for turning vehicles. Exts.P2 and P3

complaints submitted by the petitioner remain unfruitful. WP(C) No.10914/2021

3. When this writ petition came up for hearing today,

the learned Government Pleader submitted that the 3 rd

respondent has already issued a stop memo in respect of the

construction and the 3rd respondent can take a final decision

in this regard after hearing the petitioner and the 4 th

respondent.

In the circumstances, the writ petition is disposed of

directing the 3rd respondent to consider the grievance raised

by the petitioner in Exts.P2 and P3 before taking a final

decision in the matter, after affording an opportunity of hearing

to the petitioner and the 4 th respondent. The 3 rd respondent

will be at liberty to provide hearing through virtual mode if the

situation so warrants.

Sd/-

N. NAGARESH, JUDGE

aks/09.06.2021 WP(C) No.10914/2021

APPENDIX OF WP(C) 10914/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1            TRUE COPY OF THE TAX RECEIPT DATED
                      26/04/2021    ISSUED    BY    THE   4TH
                      RESPONDENT.
EXHIBIT P2            TRUE   COPY   OF   THE   RECEIPT  DATED
                      23/04//2021    ISSUED    BY   THE   2ND
                      RESPONDENT.
EXHIBIT P3            TRUE COPY OF THE COMPLAINT DATED

28/04/2021 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE PHOTOGRAPHS.

EXHIBIT P5            TRUE COPY OF THE COMMUNICATION DATED
                      29/04/2021    ISSUED    BY    THE   3RD
                      RESPONDENT.


SR