Lizy Punnoose vs The Assistant Executive Engineer
2021 Latest Caselaw 21620 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                       WP(C) NO. 22880 OF 2021
PETITIONERS:

    1     LIZY PUNNOOSE,AGED 62 YEARS
          W/O LATE K.A. PUNNOOSE, KOTTUCHALIL HOUSE, ERAVIPEROOR
          P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT 689 542.

    2     SIJO SIMON PUNNOOSE, AGED 26 YEARS
          S/O LATE K.A. PUNNOOSE, KOTTUCHALIL HOUSE, ERAVIPEROOR
          P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT 689 542.

    3     SHERIN SUSEN PUNNOOSE,
          AGED 34 YEARS
          S/O LATE K.A. PUNNOOSE, KOTTUCHALIL HOUSE, ERAVIPEROOR
          P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT 689 542.

          BY ADVS.
          N.JAMES KOSHY
          T.SANJAY


RESPONDENTS:
     1     THE ASSISTANT EXECUTIVE ENGINEER,
           PWD ROADS SECTION,
           THIRUVALLA, THIRUVALLA, P.O., PATHANAMTHITTA DISTRICT
           689 542.

    2     THE ASSISTANT ENGINEER,
          PWD ROADS SECTION,
          ERAVIPEROOR,
          ERAVIPEROOR P.O. PATHANAMTHITTA DISTRICT 689 542.

    3     THE PRESIDENT,
          YOUTH CONGRESS LOCAL COMMITTEE, KERALA STUDENTS UNION,
          ERAVIPEROOR MANDALAM COMMITTTE, ERAVIPEROOR P.O.,
          PATHANAMTHITTA DISTRICT 682 542.

          SMT. SURYA BINOY- SR. G.P


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22880 OF 2021
                                      2



                               JUDGMENT

The petitioners allege that an illegal

construction has been made by the 3rd

respondent in the road "puramboke" area, in

front of their property; but that no action

has been taken by any of the competent

Authorities under the applicable Statutes,

including the Kerala Land Conservancy Act.

The petitioners, therefore, pray that the

competent among the respondents be directed to

take necessary action against the 3rd

respondent and to remove the offending

structure without any delay.

2. When this matter was called today, the

learned Senior Government Pleader - Smt.Surya

Binoy, submitted that the offending structure

has been removed and that necessary action

against the 3rd respondent has been completed. WP(C) NO. 22880 OF 2021

3. However, Sri.N.James Koshy - learned

counsel for the petitioner submitted that,

though the roof of the structure has been

removed, its base - which is to mean its

flooring - still remains. He, therefore,

prayed that the competent Authority be

directed to remove the same also.

4. When I hear the parties as afore, it

is clear that the 3rd respondent has been found

to have acted in contravention of every

provision of law, in having made the offending

structure. Obviously, therefore, it is for the

respondents 1 and 2 to remove it fully and not

merely its roof, at the cost of the 3rd

respondent.

Resultantly, I order this writ petition

and direct respondents 1 and 2 to visit the

site in question and to have the entire

structure, including its base and every other,

within a period of two weeks from the date of WP(C) NO. 22880 OF 2021

receipt of a copy of this judgment.

I also leave liberty to the respondents 1

and 2 to take necessary action against the 3 rd

respondent under the provisions of the

applicable laws, including the Kerala Land

Conservancy Act, if they are so interested;

however after following due procedure and

after affording him necessary opportunity of

being heard.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/02/11/2021 WP(C) NO. 22880 OF 2021

APPENDIX OF WP(C) 22880/2021

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY OF 23.50 ARES ISSUED BY THE VILLAGE OFFICER, ERAVIPEROOR DATED 20.04.2017.

Exhibit P2 TRUE COPY OF THE TAX RECEIPT IN RESPECT OF THE PROPERTIES OF THE PETITIONERS UNDER THANDEPER NO. 12810 FOR THE YEAR 2020-21 ISSUED BY THE VILLAGE OFFICER, ERAVIPEROOR DATED 24.08.2020.

Exhibit P3 PHOTOGRAPHS OF THE WAITING SHED INSTALLED BY THE 3RD RESPONDENT IN THE ROAD FRONTAGE PORTION OF THE PETITIONERS PROPERTY.

Exhibit P4 TRUE COPY OF THE LAYOUT PLAN OF THE PROPERTY OF THE PETITIONERS AND WAITING SHED CONSTRUCTED BY THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE COMPLAINT DATED 14.08.2020 SUBMITTED BY THE 3RD PETITIONER AND HER HUSBAND BEFORE THE DISTRICT COLLECTOR, PATHANAMTHITTA.

Exhibit P6 TRUE COPY OF THE APPLICATION DATED 26.08.2020 SUBMITTED BY THE HUSBAND OF THE 3RD PETITIONER UNDER RIGHT TO INFORMATION ACT BEFORE THE INFORMATION OFFICER, ERAVIPEROOR GRAMA PANCHAYATH.

Exhibit P7 TRUE COPY OF THE INFORMATION AS PER LETTER NO. A8-2893/2020 DATED 18.,9.2020 ISSUED BY THE SECRETARY OF THE ERAVIPEROOR GRAMA PANCHAYA TH TO EXHIBIT P6 APPLICATION TO THE HUSBAND OF THE 3RD PETITIONER.

Exhibit P8 TRUE COPY OF THE APPLICATION FILED UNDER RIGHT INFORMATION ACT BY THE 3RD PETITIONERS HUSBAND BEFORE THE IST RESPONDENT DATED 26.08.2020.

Exhibit P9 TRUE COPY OF THE INFORMATION ISSUED BY THE 2ND RESPONDENT AS PER LETTER NO. DBL GENERAL WP(C) NO. 22880 OF 2021

38/10 DATED 22.09.2020 IN REPLY TO EXHIBIT P8 APPLICATION.

Exhibit P10 TRUE COPY OF THE COMPLAINT DATED 14.09.2020 SUBMITTED BY THE IST PETITIONER BEFORE THE IST RESPONDENT.

Exhibit P11 TRUE COPY OF THE REQUEST DATED 15.09.2020 MADE BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P12 TRUE COPY OF THE NOTICE DATED 14.10.2020 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P13 TRUE COPY OF THE REQUEST DATED 2.11.2020 MADE BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P14 TRUE COPY OF THE NOTICE NO. DBI-GI-292/07 DATED 24.11.2020 ISSUED UNDER RULE 13A OF THE KERALA LAND CONSERVANCY RULES BY THE IST RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P15 TRUE COPY OF NOTICE DATED 21.12.2020 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P16 TRUE COPY OF THE WRITTEN COMPLAINT DATED 18.03.2021 SUBMITTED THE 3RD PETITIONER BEFORE THE IST RESPONDENT.

Exhibit P17 TRUE COPY OF THE REPLY DATED 22.03.2021 SENT BY THE 2ND RESPONDENT TO THE 3RD PETITIONER.

Exhibit P18 TRUE COPY OF THE COMPLAINT DATED 08.09.2021 SUBMITTED BY THE 3RD PETITIONER BEFORE THE IST RESPONDENT.

Exhibit P19 TRUE COPY OF THE RULES AND REGULATIONS, FOR CONSTRUCTION OF PICK-UP BUS STOP[ PUBLISHED BY THE INDIAN ROADS CONGRESS.

Exhibit P20 TRUE COPY OF THE PAPER REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 13.10.2021