Sakshi vs State Of Kerala
2022 Latest Caselaw 1399 Ker

WP(C) No.3310/2022                            1/2

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                      THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
             Tuesday, the 1st day of February 2022 / 12th Magha, 1943
                             WP(C) NO. 3310 OF 2022(K)
   PETITIONERS:

      1. SAKSHI, REPRESENTED BY ITS SECRETARY-MOOSA MUTHERI, REG.
         NO.M.P.M./CA/442/2019 CHIRAYIL CHUNGAM, CHIRAYIL P.O., KONDOTTY,
         MALAPPURAM-673 638.
      2. MOOSSA MUTHERI, KINATTINGALKANDI HOUSE, S/O.MOIDEENKUTTY HAJI,
         CHIRAYIL P.O., KONDOTTY, MALAPPURAM-673 638.
      3. MUHAMMED ALI.K.V., S/O.ALIKUTTY HAJI, KOLOTH HOUSE, KIZHAKKE
         CHUNGAM, CHIRAYIL P.O., KONDOTTY, MALAPPURAM-673 638.

   RESPONDENTS:

      1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT
         OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
      2. KONDOTTY MUNICIPALITY, MAHAKAVI MOYINKUTTY VAIDYAR SMARAKAM, NEAR
         KOZHIKODE-PALAKKAD HWY, KONDOTTY, KERALA-673 638.
      3. SECRETARY, KONDOTTY MUNICIPALITY, MAHAKAVI MOYINKUTTY VAIDYAR
         SMARAKAM, NEAR KOZHIKODE PALAKKAD HWY, KONDOTTY, KERALA-673 638.
      4. ASSISTANT ENGINEER, KONDOTTY MUNICIPALITY, MAHAKAVI MOYINKUTTY
         VAIDYAR SMARAKAM, NEAR KOZHIKODE PALAKKAD HWY, KONDOTTY, KERALA-673
         638.

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to pass an interim order directing the 3rd respondent to keep in
   abeyance the re-developmental activities in the Chirayil-Mattil-
   Alakaparambu-Mukkoodu Road, without removing the encroachments as
   indicated in Exhibits P2 and P4, until this Writ Petition is finally heard
   and disposed of.
        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/s.KALEESWARAM RAJ, VARUN C.VIJAY, THULASI K. RAJ, Advocates for the
   petitioners, GOVERNMENT PLEADER for R1 and of STANDING COUNSEL for R2 to
   R4, the court passed the following:
                                       ORDER

Admit. Learned Government Pleader takes notice for the first respodnent. Learned Standing Counsel takes notice for respondents 2 to 4. Learned Standing Counsel shall get instructions with regard to the steps taken pursuant to Exhibit P3 judgment. The respondents shall produce the list of encroachers to whom the notices have been issued.

Post on 11-02-2022.

                                                    Sd/- ANU SIVARAMAN JUDGE


01-02-2022                      /True Copy/                            Assistant Registrar
 WP(C) No.3310/2022                 2/2

                      APPENDIX OF WP(C) 3310/2022
Exhibit P2           TRUE COPY OF THE ENCROACHMENT SKETCH DATED 14.01.2021

OF BL NO.36 OF NEDIYIRUPPU VILLAGE, KONDOTTY TALUK, MALAPPURAM DISTRICT.

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 21.05.2021 IN WPC NO.10925/2021.

Exhibit P4 TRUE COPY OF THE NOTICE DATED 18.12.2021 ISSUED BY THE 3RD RESPONDENT.