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M. Jayalakshmi vs Thrikkovilvattom Grama ...
2022 Latest Caselaw 1785 Ker

Citation : 2022 Latest Caselaw 1785 Ker
Judgement Date : 16 February, 2022

Kerala High Court
M. Jayalakshmi vs Thrikkovilvattom Grama ... on 16 February, 2022
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
     WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
                         WP(C) NO. 26672 OF 2021




PETITIONER:

              M. JAYALAKSHMI,
              AGED 68 YEARS, W/O.SOMAN.N.,
              J.S.NIVAS, MUKHATHALA P.O.,
              THIKKOVILVATTOM,
              KOLLAM DISTRICT-691 576.

              BY ADV K.V.RASHMI



RESPONDENTS:

     1        THRIKKOVILVATTOM GRAMA PANCHAYAT,
              REPRESENTED BY ITS SECRETARY,
              MUKHATHALA P.O.,
              KOLLAM DISTRICT-691 576.

     2        SECRETARY,
              THRIKKOVILVATTOM GRAMA PANCHAYAT,
              MUKHATHALA P.O.,
              KOLLAM DISTRICT-691 576.

     3        EXECUTIVE ENGINEER,
              PWD DEPARTMENT,
              BEACH ROAD, PALLITHOTTOM,
              THAMARAKULAM, KOLLAM-691 001.

     4        SULFI,
              RESIDING AT SULFI MANZIL,
              PANGONAM, MUKATHALA P.O.,
              KOLLAM DISTRICT-691 589.
 WP(C) NO. 26672 OF 2021
                                2



           *ADDL.R5 IS IMPLEADED

  ADDL.5   KERALA STATE TRANSPORT PROJECTS
           TC 11/339 SREEBALA BUILDING, 4TH FLOOR, KESTON ROAD,
           KOWDIAR, THIRUVANANTHAPURAM - 695 003,
           NEAR CHRIST NAGAR SCHOOL,
           REPRESENTED BY ITS PROJECT DIRECTOR

           (AS PER ORDER DATED 10-1-2022 IN IA 1/2022.

           BY ADVS.
           SHRI.V.RENJITH KUMAR, SC, THRIKKOVILVATTOM GRAMA
           PANCHAYAT, KOLLAM
           SRI.SANTHOSH MATHEW
           SRI.ARUN THOMAS
           SRI.JENNIS STEPHEN
           SMT.KARTHIKA MARIA
           SMT.SANITA SABU VARGHESE
           SRI.ABHIJITH.D
           SMT.LEAH RACHEL NINAN




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26672 OF 2021
                                     3



                               T.R. RAVI, J.
                --------------------------------------------
                       W. P. (C). No. 26672 of 2021
                 --------------------------------------------
                Dated this the 16th day of February, 2022

                                   JUDGMENT

The complaint in this writ petition is that the 4 th respondent has

unauthorizedly occupied properties in front of the petitioners property

and erected a shop for selling vegetables. The petitioner seeks a

direction to remove the unauthorized occupancy.

2. Pending the writ petition, the parties were heard on

01.01.2022 and Ext.R1(a) final orders were issued on 19.01.2022

directing removal of obstruction caused by the 4th respondent.

3. When the case is taken up today, it is submitted by the

learned counsel for the respondents 1, 2 & 4 that Ext.R1(a) order has

already been executed and the unauthorized construction has already

been removed.

The writ petition is hence closed recording the above submission

and giving liberty to the petitioner to move this Court, if there is any

violation of Ext.R1(a) order.

Sd/-

T.R.RAVI JUDGE Pn WP(C) NO. 26672 OF 2021

APPENDIX OF WP(C) 26672/2021

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE PHOTOGRAPHS SHOWING THE UNAUTHORIZED STRUCTURE ESTABLISHED BY THE 4TH RESPONDENT.

Exhibit P2 A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 22.06.2021.

Exhibit P3 A TRUE COPY OF THE COMMUNICATION SENT BY THE 2ND RESPONDENT DATED 22.06.2021.

Exhibit P4 A TRUE COPY OF THE PETITION DATED 28.09.2021 SUBMITTED BEFORE THE PRESIDENT OF THE 1ST RESPONDENT.

Exhibit P5 A TRUE COPY OF THE ORDER DATED 12.10.2021 PASSED BY THE 2ND RESPONDENT.

Exhibit P6 A TRUE COPY OF THE CIRCULAR DATED 13.02.2020 ISSUED BY THE PWD DEPARTMENT OF THE GOVERNMENT OF KERALA.

RESPONDENTS' EXHIBITS

EXHIBIT R1(A) THE TRUE COPY OF THE ORDER NO.A2-10097/21 DATED 19.01.2022 PASSED BY THE SECRETARY, THRIKKOVILVATTOM GRAMA PANCHAYATH

 
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