Vahid Shereef vs The Executive Engineer
2021 Latest Caselaw 13132 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 23RD DAY OF JUNE 2021 / 2ND ASHADHA, 1943
                 WP(C) NO. 28021 OF 2020
PETITIONERS:

    1    VAHID SHEREEF
         AGED 57 YEARS
         HOUSE NO.2/376 B ROSE NAGAR, ERUMATHALA P.O.,
         CHOONDI, ALUVA.
    2    BABU P.K.
         AGED 999 YEARS
         PAYYAPPILLY HOUSE, KAIRALI NAGAR, CHOONDI, ALUVA.
    3    BABU R.
         AGED 999 YEARS
         NINAR HOUSE, ERUMATHALA P.O., KAIRALI NAGAR,
         CHOONDI, ALUVA.

         BY ADVS.
         B.PREMOD
         SRI.SUDHEER GANESH KUMAR.R.


RESPONDENTS:

    1    THE EXECUTIVE ENGINEER
         KERALA STATE HOUSING BOARD ERNAKULAM DIVISION,
         PANAMPPALLY NAGAR, KOCHI - 682 036.
    2    THE SECRETARY EDATHALA GRAMA PANCHAYATH
         EDATHALA NORTH P.O., ALUVA - 683 561.
    3    THE REVENUE DIVISIONAL OFFICER
         FORT KOCHI - 682 001.
    4    THE KAIRALI NAGAR RESIDNETS ASSOCIATION
         CHOONDI, ALUVA - 683 112 REPRESENTED BY ITS
         SECRETARY.

         BY ADVS.
         SHRI.K.DENNY DEVASSY, SC, K.S.H.B.
         SHRI.RAAJESH S.SUBRAHMANIAN, SC, EDATHALA GRAMA
         PANCHAYATH
         G.SREEKUMAR (CHELUR)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.28021/2020
                                :2 :




                         JUDGMENT

~~~~~~~~~

Dated this the 23rd day of June, 2021

The petitioners, who are residents of Rose Nagar

and Kairali Nagar in Choondi, Aluva, have approached this

Court seeking to direct the 1st respondent to provide adequate

lateral support to the property of the petitioners by

constructing a retaining wall along the boundary of the

property of the petitioners. They also seek to take appropriate

action against the 4th respondent for not complying with

Ext.P12 order of the Secretary, Edathala Grama Panchayat.

2. The petitioners state that the 4 th respondent is

removing soil close to the property of the petitioners at a depth

of 3.5 metres without providing lateral support. Consequently,

property and buildings of the petitioners are on the verge of

collapse. The 4th respondent is excavating the soil from the

property belonging to the 1st respondent. The 1st respondent WP(C) No.28021/2020

is legally answerable to the illegality being committed by the

4th respondent.

3. The Panchayat authorities have issued Ext.P12

directing the 4th respondent to stop excavation without

providing lateral support to adjacent properties. The Tahsildar

has addressed Ext.P13 to the Sub Collector explaining the

situation. However, the 4th respondent is proceeding with

illegal activities, contended the petitioners.

4. The 4th respondent entered appearance through

counsel. The 4th respondent denied all material allegations

levelled by the petitioners. The learned Government Pleader

submitted that the Tahsildar has given Ext.P13 communication

to the Sub Collector.

5. Going through the pleadings in the writ petition and

the arguments raised by the counsel on either side, this Court

is of the view that since the issue involves disputed questions

of fact and since the Tahsildar has already reported the

situation to the Sub Collector, it will be only appropriate to

direct the Sub Collector to consider the issue and take WP(C) No.28021/2020

remedial measures, if warranted.

Accordingly, the writ petition is disposed of directing

the 3rd respondent to consider Ext.P13 report submitted by the

Tahsildar, Aluva and take appropriate action as is permissible

under law, if the situation so warrants. The 3 rd respondent

shall take a decision in the matter within a period of four

weeks positively, with notice to the petitioners, and the 4 th

respondent.

Sd/-

N. NAGARESH, JUDGE

aks/24.06.2021 WP(C) No.28021/2020

APPENDIX OF WP(C) 28021/2020

PETITIONER'S EXHIBITS:

EXHIBIT P1            A TRUE COPY OF ROUGH SKETCH SHOWING THE
                      LOCATION    OF    THE  PROPERTY    OF   THE
                      PETITIONERS.
EXHIBIT P2            THE TRUE COPY OF THE NOTIFICATION DATED

27/5/2000 PUBLISHED IN KERALA GAZETTE. EXHIBIT P3 THE TRUE COPY OF THE AGREEMENT DATED 3/1/2016 EXECUTED IN BETWEEN THE 1ST RESPONDENT AND THE 4TH RESPONDENT. EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER AND OTHERS ON 29/1/2020.

EXHIBIT P5 THE TRUE COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER ALUVA EAST TO THE 3RD RESPONDENT DATED 5/2/2020.

EXHIBIT P6            THE TRUE COPY OF THE PETITION SUBMITTED
                      BEFORE    THE    1ST    RESPONDENT    DATED
                      2/3/2020.
EXHIBIT P7            THE TRUE COPY OF THE PHOTOGRAPHS

SHOWING THE PHYSICAL STATUS OF THE PROPERTY OF THE PETITIONERS.

EXHIBIT P8 THE TRUE COPY OF THE REPORT SUBMITTED BY THE ASSISTANT ENGINEER LSGD SECTION, EDATHALA DATED 1/2/2020 TO THE ASSISTANT ENGINEER, LSGD JUNCTION EDATHALA.

EXHIBIT P9 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS UNDER THE RIGHT TO INFORMATION ACT ON 2.3.2020. EXHIBIT P10 THE TRUE COPY OF THE REPLY DATED 23/06/2020.

EXHIBIT P11 THE TRUE COPY OF THE LETTER DATED 29/7/2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P12           THE TRUE COPY OF THE LETTER DATED
                      5/8/2020    ISSUED    BY   THE   SECRETARY
                      EDATHALA GRAMA PANCHAYATH.
 WP(C) No.28021/2020



EXHIBIT P13       THE TRUE COPY OF THE REPORT SUBMITTED
                  BY    THE   TAHASILDAR   ALUVA   DATED
                  10/8/2020.
EXHIBIT P14        TRUE COPY OF THE PHOTOGRAPHS SHOWING

THE STATUS OF THE COURTYARD AND BOUNDARY WALL OF THE 2ND PETITIONER.

EXHIBIT P15 TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DT. 15.5.2021.

EXHIBIT P16 TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT ON 13.04.2021.

EXHIBIT P17 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DT. 24.4.2020.

EXHIBIT P18 TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT DT. 27.5.2021.