Jayakumar.A vs Executive Engineer
2022 Latest Caselaw 2132 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
 THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                         WP(C) NO.5806 OF 2022
PETITIONER :-

             JAYAKUMAR.A, AGED 55 YEARS
             S/o.ANANJI PERUMAL ACHARI, UTHRADOM, MYTHRI NAGAR,
             VENJAARAMMODU, THIRUVANANTHAPURAM DISTRICT,
             PIN - 695 607.

             BY ADV P.ANOOP (MULAVANA)


RESPONDENTS :-

     1       EXECUTIVE ENGINEER
             PWD ROADS DIVISION, PMG - PLAMOODU ROAD,
             PMG JUNCTION, THIRUVANANTHAPURAM, PIN - 695 033.

     2       ASSISTANT EXECUTIVE ENGINEER
             PWD ROAD SUB DIVISION, CIVIL STATION, ATTINGAL,
             THIRUVANANTHAPURAM DISTRICT, PIN - 695 101.

     3       NELLANAD GRAMA PANCHAYAT
             REPRESENTED BY SECRETARY,
             THIRUVANANTHAPURAM DISTRICT, PIN - 695 607.

             SMT.VINITHA B., SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   24.02.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.5806 OF 2022

                                   -: 2 :-


                               JUDGMENT

Dated this the 24th day of February, 2022

This writ petition is filed seeking the following reliefs :-

"(i) Issue a writ of mandamus or any other appropriate writ order or direction directing the respondents 1 and 2 not to install the safety fencing in front of the building No.NP VI/242 of the petitioner and block the parking area.

(ii) Issue a writ of Mandamus or any other appropriate writ order or directing directing the respondents 1 and 2 to take decision on Ext.P4 and Ext.P6 complaints within a time limit fixed by this Hon'ble Court.

(iii) Declare that installing safety fencing in front of the building No.NP VI/242 of the petitioner and block the parking area by respondents 1 and 2 is violative of Article 19(1)(g) of the Constitution of India."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader. In view of the directions being

issued, notice to the 3rd respondent is dispensed with.

3. The learned counsel for the petitioner submits that

the petitioner is conducting a jewellery shop in building No.NP

VI/242 within the jurisdiction of the 3 rd respondent Panchayat

with licence obtained from the Panchayat. It is submitted that

several other commercial establishments are also being

conducted in the vicinity of the petitioner's shop. It is stated WP(C) NO.5806 OF 2022

that steps are being taken to provide a walkway adjacent to the

road in front of the building. It is stated that the 2 nd respondent

is taking steps to construct a safety fencing along the said

walkway blocking the parking area of the petitioner and that it

might obstruct the ingress and egress to the building and

consequently, to the petitioner's premises.

4. The learned Government Pleader submits, on

instructions, that only a safety railing is being constructed to

protect the pedestrians and that appropriate measures for

providing ingress and egress to the building will be taken even

when the safety fencing is being erected.

5. The learned counsel for the petitioner thereupon

submits that Ext.P4 complaint has been submitted pointing out

the difficulties faced by the petitioner and other shop owners

and that the same is to be considered by the 1 st respondent, in

accordance with law.

Having heard the learned Government Pleader also,

there will be a direction to the 1st respondent to take up Ext.P4

complaint submitted by the petitioner, with notice to the

petitioner as well as the 3rd respondent and any other affected WP(C) NO.5806 OF 2022

parties and to pass appropriate orders, in accordance with law

and after hearing them through any appropriate means,

including video conferencing, within a period of three weeks

from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/28.2.2022 WP(C) NO.5806 OF 2022

APPENDIX OF WP(C) 5806/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LICENSE NO A7/663/2022(485) DATED 08-02-2022.

Exhibit P2 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 27-01-2022.

Exhibit P3 TRUE COPY OF THE PHOTOGRAPH SHOWING ROAD AND THE BUILDING

Exhibit P4 TRUE COPY OF COMPLAINT TO THE 1ST RESPONDENT DATED 17-02-2022

Exhibit P5 TRUE COPY OF THE POSTAL RECEIPT DATED 17-

02-2022

Exhibit P6 TRUE COPY OF COMPLAINT TO THE 2ND RESPONDENT DATED 17-02-2022

Exhibit P7 TRUE COPY OF THE POSTAL RECEIPT DATED 17-

02-2022