Kerala High Court
Varghese K.P vs Jaffar Malik on 7 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Thursday, the 7th day of July 2022 / 16th Ashadha, 1944
CONTEMPT CASE(C) NO. 1179 OF 2022(S) IN WP(C)17268/2021
PETITIONER:
VARGHESE K.P.,S/O.PETER,AGED 58 YEARS, KAVILLESWARATH HOUSE,
KANDANAD.P.O., ERNAKULAM DISTRICT, PIN-682 305.
BY ADV DAISY A.PHILIPOSE
RESPONDENTS:
1. JAFFAR MALIK, THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD.P.O.,
ERNAKULAM DISTRICT, PIN- 682030.
2. SWAPNA, THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT,[ROADS DIVISION], THRIKAKKARA.P.O. ,
ERNAKULAM DISTRICT, PIN: 682021.
3. RAHUL MOHAN, THE ASSISTANT ENGINEER, OFFICE OF THE ASSISTANT
ENGINEER PUBLIC WORKS DEPARTMENT,[ROADS DIVISION],
THRIPPUNITHURA.P.O., ERNAKULAM DISTRICT,PIN: 682301.
4. SABU C.J, SECRETARY, UDAYAMPEROOR GRAMA PANCHAYATH, OFFICE OF THE
UDAYAMPEROOR GRAMA PANCHAYATH, UDAYAMPEROOR, PIN - 682307
BY SRI.V TEKCHAND, SENIOR GOVERNMENT PLEADER FOR R1-R3
This Contempt of court case (civil) having come up for orders on
07.07.2022, the court on the same day passed the following:
P.T.O
S.Manikumar, C.J.
&
Shaji P.Chaly, J.
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Cont. Case (C)No.1179 of 2022
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Dated this the 7th day of July, 2022
ORDER
S.Manikumar, C.J.
Vide judgment dated 26.08.2021 in W.P.(C)No.17268 of
2021, we passed the following directions:
"4. From the above, it could be seen that, addressing
the grievance of the petitioner that the encroachments on
both sides of the Udayamperoor - Kandanad Road and
Kandanad - Vattakkunnu Road, there is an inter department
correspondence between the Executive Engineer, Public
Works Department and the Tahsildar to fix the boundaries
so as to identify the encroachments.
5. During the course of arguments, Sri. P.N.Sukumaran,
learned Counsel appearing for the Udayamperoor Grama
Panchayath, represented by the Secretary, submitted that
the road belongs to the Public Works Department, per
contra, it is the contention of Sri. K.P.Harish, learned Senior
Government Pleader that, maintenance of the roads is
vested with the above said Panchayath. For ascertaining as
to whether there is encroachments on Udayamperoor -
Cont. Case (C)No.1179 of 2022
Kandanad Road and Kandanad - Vattakkunnu Road, it is the
duty of the authorities to take appropriate action in
accordance with law and if there are encroachments, it is
for the appropriate statutory authority/authorities to
remove the same in accordance with law. Accordingly, we
direct respondent No.1, District Collector, Ernakulam,
respondent No.2, The Executive Engineer, Public Works
Department, Ernakulam, respondent No.3, The Assistant
Engineer, Public Works Department, Ernakulam and
respondent No.4, Udayamperoor Grama Panchayath,
represented by the Secretary, to take comprehensive
action to fix the boundaries and take appropriate steps for
removal of encroachments, in accordance with the
statutory provisions. Such exercise be done within four
months from the date of receipt of a copy of this
judgment."
Alleging disobedience of the same, instant contempt petition is
filed.
2. Mr.V.Tekchand, learned Senior Government Pleader,
who took notice on behalf of respondents 1 to 3, is directed to
get instructions. Notice by speed post to respondent No.4
returnable in ten days. Notice ordered shall not be construed as
Cont. Case (C)No.1179 of 2022
notice exercising the powers under the provisions of the
Contempt of Courts Act, 1971.
Sd/-
S.Manikumar
Chief Justice
Sd/-
Shaji P.Chaly
Judge
vpv
07-07-2022 /True Copy/ Assistant Registrar
