Mohankumar vs P.Vijayakumar, Secretary, ...
2022 Latest Caselaw 1123 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

         THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943

                          WP(C) NO. 6808 OF 2014

PETITIONER/S:

     1      MOHANKUMAR
            AGED 45 YEARS
            S/O KUMARA PILLAI, INDIRA BHAVAN, PANGODE,
            THIRUVANANTHAPRUAM.
     2      SIVAKUMAR
            AGED 42 YEARS
            S/O KUMARA PILLAI, INDIRA BHAVAN, PANGODE,
            THIRUVANANTHAPRUAM
     3      JAYAKUMAR
            AGED 40 YEARS
            S/O KUMARA PILLAI, INDIRA BHAVAN, PANGODE,
            THIRUVANANTHAPRUAM.
     4      RAJAPPAN
            AGED 50 YEARS
            T.C. NO 17/1254(5) PANGODE, THIRUMALA P.O,
            THIRUVANANTHAPURAM
     5      AJITH KUMAR
            T.C 17/1254 (16), PANGODE, THIRUMALA P.O,
            THIRUVANANTHAPURAM.
     6      ABHILASH P.V
            EXELLAGLOBAL, SOLUTIONS, T.C 17/1254 (20) PANGOD THIRUMALA
            P.O, THIRUVANANTHAPURAM
     7      SANKARDAS
            AGED 32 YEARS
            NJANADASAN,T.C 17/1254 (12), PANGOD, THIRUVANANTHAPURAM.
     8      SAJI.R
            AGED 38 YEARS
            S/O RAMACHANDRAN, VYSAKHOM JEWELLERS, PANGOD THIRUMALA
            P.O, THIRUVANANTHAPURAM
            BY ADV SRI.THIRUMALA P.K.MANI


RESPONDENT/S:

     1      V.V. .VIJAYAKUMAR, SECRETARY, ANASWARA ARTS & SPORTS CLUB
            SECRETARY, ANASWARA ARTS & SPORTS CLUB, REG. NO 683/87,
            ANASWARA ROAD, PANGODE, THIRUMALA P.O,
            THIRUVANANTHAPURAM 695 006.
 W.P.(C) No. 6808/2014                    :2:



    2      ANASWARA ARTS & SPORTS CLUB
           REPRESENTED BY ITS PRESIDENT, ANIL KUMAR.R, ANASWARA ROAD,
           PANGODE, THIRUMALA P.O, THIRUVANANTHAPURAM 695 006.
    3       CORPORATION OF THIRUVANANTHAPURAM,
           REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE,
           THIRUVANANTHAPUUAM 695 001.
    4      CHIEF ENGINEER,
           PUBLIC WORKS, DEPARTMENT, PWD ROAD DIVISION, PMG,
           THIRUVANANTHAPURAM 695 001.
           BY ADVS.
           SMT.JYOTHI S MENON
           SRI.N.NANDAKUMARA MENON SR.
           SRI.C.R.SANISH



           R4- SRI.RIYAL DEVASSY,GOVERNMENT PLEADER
           R1 AND 2 - SRI.C.R.SANISH
           R3- SRI.P.K.MANOJKUMAR,SC



     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.01.2022,

    THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
  W.P.(C) No. 6808/2014                     :3:




             Dated this the 27th day of January, 2022.

                               JUDGMENT

This writ petition is filed by the petitioners seeking the following

reliefs:

1. to issue an appropriate writ of mandamus or order directing the

respondents not to construct the waiting shed in the foot path

lying in front of the petitioners' property and the building

bearing T.C. Nos. 1456/2 to 22 comprised in old Sy. No. 1456/5-

1 Re. Sy. No. 91/6 at Pangode, Sasthamangalam Village,

Thiruvananthapuram.

2. To issue an appropriate writ or order directing the respondents to

find out alternative place in the same locality of Pangode to

construct the waiting shed instead of constructing the waiting

shed in the foot path lying in front of the petitioners' building and

properties.

2. Going by the pleadings, what I could gather is that

respondents 1 and 2 namely V. Vijayakumar, the Secretary of the

Anaswara Arts and Sports Club and Anaswara Arts and Sports Club,

represented by its President, Thiruvananthapuram, are proposing to

construct a bus waiting shed in a foot path used by the public.

3. No detailed deliberation of the matter is required, since it is

stated in the counter affidavit filed by the Chief Engineer, Public Works

Department, Thiruvananthapuram, 4th respondent, that even though

respondents 1 and 2 had submitted a proposal to the 4 th respondent

for sponsoring construction of a waiting shed on the northern side of

the Edappazhinji-Pangode PWD road, sanction was not granted and

consequently respondent Nos. 1 and 2 have withdrawn from their

proposal. The 4th respondent has also made various submissions with

respect to the property in question where the bus waiting shed was

sought to be constructed.

4. However, in view of the circumstances mentioned above, I do

not think that consideration of the contentions raised by the 4 th

respondent is required at this stage of the proceedings, and I am also

of the view that all factual and legal circumstances that are raised in

the writ petition and the counter affidavit filed by the 4 th respondent

can be left open.

5. In that view of the matter, after hearing the learned counsel

on both sides, this writ petition is disposed of recording that the Chief

Engineer, Public Works Department, Thiruvananthapuram, 4 th

respondent has not granted sanction for the construction of the waiting

shed in the property in question.

However, I make it clear that all the questions of law and facts

raised by the rival parties are left open for adjudication in any

appropriate and suitable proceedings.

sd/- SHAJI P. CHALY, JUDGE.

Rv

APPENDIX OF WP(C) 6808/2014

PETITIONERS' EXHIBITS:

EXT.P1 EXHIBIT P1 TRUE PHOTOCOPY OF THE SETTLEMENT DEED NO 377/22000 DATED 04-02-2000 EXT.P1(a) EXHIBIT P1(A) TRUE PHOTOCOPY OF THE SETTLEMENT DEED NO 2674/2013 DATED 12-09-2013 EXT.P1(b) EXHIBIT P1(B) TRUE PHOTOCOPY OF THE SETTLEMENT DEED NO.4432/05 DATED 14-12-2005 EXT.P2 EXHIBIT P2 ROUGH SKETCH OF THE FOOTPATH LYING IN FRONT OF THE PETITIONERS' BUILDING EXT.P3 EXHIBIT P3 FOUR PHOTOGRAPHS OF THE PETITIONERS' BUILDING EXT.P4 EXHIBIT P4 TRUE COPY OF THE COMPLAINT FILED BEOFRE THE 3RD RESPONDENT DATED 06-03-2014 EXT.P5 EXHIBIT P5 TRUE COPY OF THE COMPLAINT FILED BEFORE THE 4TH RESPONDENT

RESPONDENTS' EXHIBITS: NIL

/True Copy/

PS To Judge.

rv