Sheejo Antony vs The Secretary
2021 Latest Caselaw 21349 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                        WP(C) NO. 37549 OF 2018
PETITIONER:

          SHEEJO ANTONY
          AGED 42 YEARS
          S/O. C.J.ANTONY,
          CHAKKIATH MOODA HOUSE,
          KARUKUTTY. P.O.,
          PIN- 683 576,
          ERNAKULAM DISTRICT.
          BY ADV MILLU DANDAPANI

RESPONDENTS:

    1     THE SECRETARY,
          PARAKKADAVU GRAMA PANCHAYAT,
          PARAKKADAVU. P.O,
          PIN- 683 579,
          ERNAKULAM DISTRICT.
    2     THE ASSISTANT EXECUTIVE ENGINEER
          P.W.D. ROADS SUB DIVISION, ALUVA P.O., PIN - 683 101,
          ERNAKULAM DISTRICT.
    3     THE DISTRICT COLLECTOR
          CIVIL STATION, KAKKANAD P.O., PIN - 682 030,
          ERNAKULAM DISTRICT.
    4     INDEPENDENCE ARTS AND SPORTS CLUB,
          REG NO. ERM/TC/11/2014, MAMBRA, PARAKKADAVU P.O.,
          PIN - 683 579, ERNAKULAM DISTRICT,
          REPRESENTED BY ITS PRESIDENT.
          BY ADVS.
          SRI.S.RENJITH
          SRI.S.UNNIKRISHNAN (NELLAD)



          APPU.P.S-GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.37549 OF 2018

                                     2




                              JUDGMENT

Dated this the 29th day of October 2021

This writ petition is filed seeking the following

reliefs:-

(i) Call for the records leading the case;

(ii) Issue a writ of mandamus or any other

appropriate writ, order or direction directing

respondents 1 to 3 to take immediate action on

Ext.P2 and thereon remove the unauthorized

construction from the road margin;

2. Heard the learned counsel for the petitioner

and the learned Government Pleader as well as the

learned counsel appearing for the 1st respondent,

Parakkadavu Grama Panchayath. Though notice had

been taken out to the 4th respondent, there is no

appearance for the 4th respondent.

3. The contention of the petitioner is that an WP(C).No.37549 OF 2018

encroachment has been made by the 4 th respondent by

constructing an Arts and Sports Club in the road

puramboke as is evidenced by Exhibit P1, photographs.

Exhibit P2, detailed representation, has been submitted

by the petitioner before the respondents 1, 2 and 3 and

the petitioner contends that appropriate steps are liable

to be taken by the respondents in accordance with law

in view of the fact that the 4th respondent has evidently

made construction of an Arts and Sports Club in the

road puramboke affecting the PWD road.

4. The learned counsel appearing for the 1st

respondent Panchayath submits that the road in

question is a PWD road and that it is for the 2 nd

respondent to take appropriate steps. Having

considered the contentions advanced, I am of the

opinion that respondents 1 to 3 cannot plead ignorance

and refuse to take any action in view of the fact that

Exhibit P2 complaint has been submitted before them.

There will accordingly be a direction to the concerned WP(C).No.37549 OF 2018

respondents to take up Exhibit P2 representation and to

consider and pass orders on the same with notice to the

petitioner as well as the 4th respondent. In case

encroachment is found, appropriate action will have to

be followed in accordance with law after giving due

notices to the 4th respondent as well. Appropriate steps

shall be taken without delay at any rate within a period

of two months from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/29/10 WP(C).No.37549 OF 2018

APPENDIX

PETITIONER'S EXHIBITS:

TRUE PHOTOGRAPH OF THE UNAUTHORIZED EXHIBIT P1 CONSTRUCTION OF CLUB BUILDING ON THE ROAD MARGIN.

TRUE COPY OF THE COMPLAINT DATED 18.07.2018, EXHIBIT P2 SUBMITTED TO THE RESPONDENTS 1 TO 3. TRUE COPY OF THE LETTER DATED 03.08.2018, OF EXHIBIT P3 THE 3RD RESPONDENT.

RESPONDENTS' EXHIBITS:        NIL



 SSK                          //TRUE COPY//           PA TO JUDGE