K.C.Sajeevan vs Kanjukuzhi Grama Panchayath
2021 Latest Caselaw 8395 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

     FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

                       WP(C).No.5926 OF 2021(M)


PETITIONER:

               K.C.SAJEEVAN
               AGED 49 YEARS
               S/O.V.K.CHELLAPPAN, VEERATTU CHIRA, CHARAMANGALAM,
               MAYITHARA P.O., CHERTHALA-688 539.

               BY ADV. SRI.D.THILAKAN

RESPONDENT:

      1        KANJUKUZHI GRAMA PANCHAYATH
               REPRESENTED BY THE SECRETARY, S.N.PURAM P.O.,
               CHERTHALA, ALAPPUZHA DISTRICT, PIN-688 582.

      ADDL.    AJITH @ AANI
      R2       S/O.V.K.RAJAPPAN, KOTHAMANGALATHVELI,
               CHARAMANGALAM,MAYITHARA P.O. CHERTHALA - 688539

               (ADDL 2ND RESPONDENT IMPLEADED AS PER ORDER DATED
               12.03.2021 IN I.A.NO.1 OF 2021)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5926 OF 2021(M)

                                        2




                           W.P.(C) No.5926 of 2021
                   --------------------------------------------


                               JUDGMENT

Ext.P7 is a representation preferred by the petitioner

seeking orders for removal of the obstruction caused by the additional

second respondent to a road constructed with the funds provided by

the Member representing the Constituency in the Parliament. It is

stated by the petitioner that on account of the obstruction, he is not

able to access to his residential property and that he is making use of

the neighbouring properties for access to his residential property.

Having regard to the peculiar facts and circumstances of

the case, I deem it appropriate to dispose of the writ petition directing

the Secretary of the first respondent to consider and take appropriate

action on Ext.P7 with notice to the petitioner and the additional

second respondent, within a week from the date of production of a

copy of this judgment. Ordered accordingly.

Sd/-

                                                 P.B.SURESH KUMAR

Mn                                                       JUDGE
 WP(C).No.5926 OF 2021(M)





                               APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1                 PHOTOGRAPH OF FOUNDATION STONE.

EXHIBIT P2                 PHOTOCOPY OF APPROVED ESTIMATE OF THE ROAD.

EXHIBIT P3                 PHOTOCOPY OF THE COMPLETION CERTIFICATE OF
                           THE ROAD.

EXHIBIT P4                 PHOTOCOPY OF ROUGH SKETCH OF THE ROAD.

EXHIBIT P4 A               PHOTOGRAPH OF THE BLOCKADE AT C IN THE
                           ROAD.

EXHIBIT P5                 PHOTOCOPY OF THE POSSESSION CUM RESIDENTIAL

CERTIFICATE OF THE HOUSE OF THE PETITIONER.

EXHIBIT P6 PHOTOCOPY OF THE PASSPORT TO ATTEND THE COMPULSORY TRAINING PROGRAMME AT 1 MG CENTRE COCHI.

EXHIBIT P7 PHOTOCOPY OF THE COMPLAINT SUBMITTED TO THE RESPONDENT DATED 23.02.2021.

EXHIBIT P7 A PHOTOCOPY OF THE RECEIPT OF EXHIBIT P7. //TRUE COPY// PA TO JUDGE