Citation : 2022 Latest Caselaw 1785 Ker
Judgement Date : 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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