Joseph Alexander vs Kerala State Transport ...
2021 Latest Caselaw 19413 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
 THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA,
                            1943
                  WP(C) NO. 16358 OF 2021
PETITIONER:

          JOSEPH ALEXANDER,
          AGED 75 YEARS, S/O. JOSEPH, RESIDING AT
          VADASSERIPARAMPIL HOUSE, KADAKAMON,
          PATHANAPURAM 689 695.
          BY ADVS.
          V.PREMCHAND
          SURYA MOHAN P.


RESPONDENTS:

    1     KERALA STATE TRANSPORT (PROJECTS)(KSTP)
          SREEBALA BUILDINGS, KOWADIYAR,
          THIRUVANANTHAPURAM-10 REPRESENTED BY CHIEF
          ENGINEER (PROJECTS).
    2     CHIEF ENGINEER PROJECTS,
          KERALA STATE TRANSPORT (PROJECTS),
          SREEBALA BUILDINGS, KOWADIYAR,
          THIRUVANANTHAPURAM-10.
    3     EXECUTIVE ENGINEER,
          KERALA STATE TRANSPORT (PROJECTS),
          PONKUNNAM DIVISION, KANJIRAPPALLY P.O.,
          KOTTAYAM DISTRICT, PIN-686 507.
 W.P.(C) No.16358 of 2021
                                  2


     4      PROJECT MANAGER
            CHERIAN VARKEY CONSTRUCTION COMPANY,
            KOODAL P.O., PATHANAMTHITTA DISTRICT-689 693.


            SMT.VINITHA B-SR.GP


         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.16358 of 2021
                                           3




                     W.P.(C) No.16358 of 2021
              -----------------------------------------------
                             JUDGMENT

The grievance of the petitioner in the writ petition

concerns the conduct of the respondents in demolishing the

only access to the residential property of the petitioner while

implementing one of the projects of the first respondent.

2. A report was filed by the third respondent as

directed by this Court in this matter on 08.09.2021. The

relevant portion of the report reads thus:

"For the construction of this culvert and retaining wall, the road access to the petitioners' property was demolished. Instruction was already given to the contractor and consultant for providing temporary access to the Petitioners' property. Access will be restored in the old condition after the completion of the road work in this portion. Hence I request that necessary action may please be taken to dispose the case at the earliest."

In the light of the said report, the writ petition is disposed of

directing the respondents to provide temporary access to the

property of the petitioner forthwith and restore the access to W.P.(C) No.16358 of 2021

the property of the petitioner on completion of the work as

assured.

Sd/-

P.B.SURESH KUMAR, JUDGE.

Mn W.P.(C) No.16358 of 2021

APPENDIX OF WP(C) 16358/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED DATED 31.1.1972.

Exhibit P2 TRUE COPY OF THE SALE DEED DATED 1.6.1970 Exhibit P3 TRUE COPY OF THE LAWYER NOTICE DATED 22.6.2021 ISSUED TO THE 3RD AND 4TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE PHOTOTRAPH REVEALING THE PATHWAY AND THE CONSTRUCTION CARRIED OUT BY RESPONDENTS.

Exhibit P5 TRUE COPY OF THE PHOTOTRAPH REVEALING THE PATHWAY AND THE CONSTRUCTION CARRIED OUT BY RESPONDENTS.

Exhibit P6 TRUE COPY OF THE PHOTOTRAPH REVEALING THE PATHWAY AND THE CONSTRUCTION CARRIED OUT BY RESPONDENTS.

Exhibit P7 TRUE COPY OF THE PHOTOTRAPH REVEALING THE PATHWAY AND THE CONSTRUCTION CARRIED OUT BY RESPONDENTS.