Achamma Varghese vs The Assistant Executive Engineer
2021 Latest Caselaw 21116 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

         WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943

                             WP(C) NO. 15476 OF 2020

PETITIONER:

               ACHAMMA VARGHESE
               AGED 51 YEARS
               KARIMALATHU HOUSE, KARIMALATHU KAVALA, KUMBANADU P.O., PIN-689
               531, MALLAPPALLY THALUK IN PATHANAMTHITTA DISTRICT.

               BY ADVS.
               VARUGHESE M EASO
               SRI.VIVEK VARGHESE P.J.



RESPONDENTS:

     1         THE ASSISTANT EXECUTIVE ENGINEER
               PWD ROADS SECTION, MALLAPPALLY WEST P.O., MALLAPPALLY TALUK,
               PATHANAMTHITTA DISTRICT-689 585.

     2         THE ASSISTANT ENGINEER
               PWD ROADS SECTION, VENNIKULAM P.O., MALLAPPALLY TALUK,
               PATHANAMTHITTA DISTRICT-689 544.

     3         THE DISTRICT COLLECTOR
               PATHANAMTHITTA , CIVIL STATION,
               PATHANAMTHITTA P.O. PIN-689 645.


OTHER PRESENT:

               SMT. SURYA BINOY- SR. G.P




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.10.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15476 OF 2020

                                     2




                              JUDGMENT

When this writ petition was filed by the petitioner, he had made an

allegation that there were various encroachments in the Kumbanadu -

Mallappally PWD Main District Road.

2. However, when this matter was called today, even the

petitioner conceded that the encroachments have been removed; but

Sri.Varughese M. Easo, her learned counsel, voiced an apprehension

that such encroachments may come back in future, if stern action is not

taken.

3. It is thus obvious that petitioner is now impelling a

speculative concern; and if and should any encroachments be noticed in

future, certainly her remedy is to approach the competent Authority at

the relevant time.

Resultantly, I close this writ petition; however, leaving liberty to

the petitioner to approach any of the respondents, if any further

encroachments are noticed by her in future; in which event, said

Authorities will ensure that necessary action is taken without any

avoidable delay, following due procedure.

SD/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 15476 OF 2020

APPENDIX OF WP(C) 15476/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 9/1/20 SUBMITTED TO THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 9/1/20 SUBMITTED TO THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ACKNOWLEDGMENT CARD DATED 9/1/20 OF EXT. P1

EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 18/6/20 SUBMITTED TO THE 3RD RESPONDENT BY PETITIONER.

EXHIBIT P5 TRUE COPY OF THE NOTICE NO.G 292/2007 DATED 18/10/2019 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS DIVISION, THIRUVALLA.

EXHIBIT P6 TRUE COPY OF THE NOTICE NO.G 292/2007 DATED 18/10/19 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, PWED ROADS DIVISION, THIRUVALLA.