Sakshi vs The State Of Kerala
2021 Latest Caselaw 12515 Ker

WP(C) NO. 10925 OF 2021
                                     1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE SMT. JUSTICE P.V.ASHA
       FRIDAY, THE 21ST DAY OF MAY 2021 / 31ST VAISAKHA, 1943
                          WP(C) NO. 10925 OF 2021
PETITIONER/S:
    SAKSHI,(A   SOCIETY    REGISTERED   UNDER    THE   SOCIETIES
    REGISTRATION ACT), 1860, REPRESENTED BY ITS SECRETARY, MOOSA
1.
    MUTHERI, KINATTINGAL KANDI HOUSE, S/O. MOIDEEN KUTTY HAJI,
    P. O. CHIRAYIL - 673638, KONDOTTY VIA, MALAPPURAM DISTRICT.
   MOOSSA,MUTHERI KINATTINGAL KANDI HOUSE, S/O. MOIDEEN KUTTY
2. HAJI, P. O. CHIRAYIL - 673638, KONDOTTY VIA, MALAPPURAM
   DISTRICT.
     MUHAMMED ALI K. V.,PRESIDENT OF SAKSHI, KOLOTH HOUSE, P. O.
3.
     CHIRAYIL - 673638, KONDOTTY VIA, MALAPPURAM DISTRICT.
     ABDULLA K. K., MATTIL HOUSE, P. O. CHIRAYIL, VIA KONDOTTY ,
4.
     MALAPPURAM DISTRICT - 673638.
     BY ADVS KALEESWARAM RAJ


RESPONDENT/S:
    THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO
1. GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
    THIRUVANANTHAPURAM - 695 001.
2. DISTRICT COLLECTOR, UP HILL, MALAPPURAM, KERALA - 676505.
     TAHSILDAR,(LR),TALUK      OFFICE,   SH-28,   KONDOTTY,    KERALA   -
3.
     673638.
   SECRETARY,   KONDOTTY  MUNICIPALITY,   MAHAKAVI  MOYINKUTTY
   VAIDYAR SMARAKAM, NEAR, KOZHIKODE - PALAKKAD HWY, KONDOTTY,
4. KERALA - 673638.

     ADV.K.A.JALEEL


THIS    WRIT   PETITION    (CIVIL)   HAVING   BEEN   FINALLY   HEARD    ON
21.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10925 OF 2021
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       .
                                   JUDGMENT

The petitioners alleged that there is serious unauthorized

encroachments on both sides on Chirayil-Mattil-Alakaparambu-

Mukkodu road by private parties. It is stated that even though

a survey was conducted and encroachment was found on the basis

of the complaints submitted by various persons, no effective

action is taken so far for removing the encroachments. The

petitioners submit that steps are afoot for re-development of

the road for which funds are sanctioned by the Government as

well as the 4th respondent Municipality and in case such

developmental activities are carried out without removing the

encroachment, the public will suffer and the funds will go in

waste. Pointing out this, the 3rd petitioner has submitted

Exts.P17 and P18 representations before the 4th respondent

Municipality.

2. Heard the learned counsel for the petitioners as well as

the learned Standing Counsel Sri K.A.Jaleel, who appears for

the Municipality.

3. In view of the circumstances pointed out by the peti-

tioners, there shall be a direction to the 4 th respondent Munic-

ipality to consider Exts.P17 and P18 representations after af-

fording an opportunity of hearing to the petitioners and to WP(C) NO. 10925 OF 2021

take appropriate action before starting re-developmental activ-

ities.

The Writ Petition is disposed of as above.

Sd/-

P.V.ASHA JUDGE rkc WP(C) NO. 10925 OF 2021

ANNEXURE - EXHIBITS EXHIBIT P1 - TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE 1ST PETITIONER SOCIETY, WITH REG.NO.MPM/CA/442/2019 DATED 24.07.2019.

EXHIBIT P2 - TRUE COPY OF THE LETTER DATED 22.06.2017 ISSUED BY THE CHIRAYIL-MATTIL-ALAKAPARAMBU-MUKKOODU ROAD PROTECTION COMMITTEE TO THE 4TH RESPONDENT.

EXHIBIT P3 - TRUE COPY OF THE RECEIPT DATED 22.06.2017 ISSUED BY THE KONDOTTY MUNICIPALITY SHOWING THE RECEIPT OF EXT. P2 COMPLAINT.

EXHIBIT P4 - TRUE COPY OF THE STOP MEMO NO.E1-6074/17 DATED 13.07.2017 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P5 - TRUE COPY OF THE DOCUMENT DATED 03.09.2017 SHOWING THE DETAILS OF THE COMPLAINT WITH REGISTRATION NO.17617166 SUBMITTED BY THE 4TH PETITIONER TO THE REVENUE DEPARTMENT THROUGH KONDOTTY, TALUK OFFICE.

EXHIBIT P6 - TRUE COPY OF THE LETTER L2-15929 DATED 01.02.2018 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. EXHIBIT P7 - TRUE COPY OF THE LETTER NO.H1-57030 DATED 11.10.2018 ISSUED BY THE 4TH RESPONDENT TO THE 4TH PETITIONER. EXHIBIT P8 - TRUE COPY OF THE CASH BILL NO.402 DATED 19.03.2019 FOR AN AMOUNT RS. 9000/- ISSUED TO THE 4TH RESPONDENT FOR PROCURING SURVEY INSTRUMENTS REQUIRED TO RE-FIX THE ROAD. EXHIBIT P9 - TRUE COPY OF THE CASH BILL NO.457 DATED 14.05.2019 ISSUED TO THE 4TH RESPONDENT FOR AN AMOUNT OF RS.8000/- FOR RE- FIXING OF CHIRAYIL - MUKKAL ROAD.

EXHIBIT P10 - TRUE COPY OF THE NEWSPAPER ARTICLE DATED 20.03.2019 REGARDING THE ENCROACHMENT OF CHIRAYIL - CHUNGAM - MUKKOODU ROAD PUBLISHED IN 'MADHYAMAM' NEWSPAPER. EXHIBIT P11 - TRUE COPY OF THE RTI APPLICATION NO.R3-357/21 AND REPLY DATED 01.02.2021.

EXHIBIT P12 - TRUE COPY OF THE RTI APPLICATION NO.L2-439/21 ALONG WITH REPLY DATED 14.01.2021.

EXHIBIT P13 - TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 07.02.2020.

WP(C) NO. 10925 OF 2021

EXHIBIT P14 - TRUE COPY OF THE ENCROACHMENT SKETCHES DATED 14.01.2021 OF BL NO.36 OF NEDIYIRUPPU VILLAGE, KONDOTTY TALUK, MALAPPURAM DISTRICT.

EXHIBIT P15 - TRUE COPY OF THE ENCROACHMENT SKETCHES DATED 14.01.2021 OF BL NO.36 OF NEDIYIRUPPU VILLAGE, KONDOTTY TALUK, MALAPPURAM DISTRICT.

EXHIBIT P16 - TRUE COPY OF THE ENCROACHMENT SKETCHES DATED 14.01.2021 OF BL NO.36 OF NEDIYIRUPPU VILLAGE, KONDOTTY TALUK, MALAPPURAM DISTRICT.

EXHIBIT P17 - TRUE COPY OF THE LETTER DATED 07.01.2021 SUBMITTED BY THE 3RD PETITIONER TO THE 4TH RESPONDENT. EXHIBIT P18 - TRUE COPY OF THE LETTER DATED 04.02.2021 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 4TH RESPONDENT.