Ajith Kumar R vs Alappuzha Municipality
2022 Latest Caselaw 7197 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
   THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                      WP(C) NO. 9680 OF 2021
PETITIONERS:

    1     AJITH KUMAR R.
          AGED 60 YEARS
          S/O.G. RAMACHANDRAN NAIR, SREEHARI, STADIUM WARD,
          ALAPPUZHA 688 001.
    2     D.SHAILA DEVI
          AGED 54 YEARS
          W/O.AJITH KUMAR R.,SREEHARI, STADIUM WARD,
          ALAPPUZHA 688 001.
    3     HARIVISHNU A.
          AGED 26 YEARS
          S/O.AJITH KUMAR R.,SREEHARI,
          MUNICIPAL STADIUM WARD, ALAPPUZHA 688 001.
    4     HARI GOVIND A.
          AGED 24 YEARS
          S/O.AJITH KUMAR R.,SREEHARI,
          MUNICIPAL STADIUM WARD, ALAPPUZHA 688 001.
    5     VALSAMMA J. PANICKER
          AGED 58 YEARS
          W/O.JANARDHANAN PANICKER, MAYURI, STADIUM WARD,
          ALAPPUZHA 688 001.
    6     AJAYA KUMAR
          AGED 53 YEARS
          S/O.RAMACHANDRAN NAIR, KALARICKAL,
          THATHAMPALLY P.O., ALAPPUZHA.
    7     DARLEY MATHEW
          AGED 62 YEARS
          W/O.SRI. P.T.MATHEW, KRIPALAYAM, EVANJELICKAL
          CHURCH ROAD, STADIUM WARD, ALAPPUZHA 688 001.
 WP(C) NO. 9680 OF 2021

                                    2


     8       MATHEW P.T.
             AGED 67 YEARS
             S/O.SRI. P.M. THOMAS, KRIPALAYAM, EVANJELICKAL
             CHURCH ROAD, STADIUM WARD, ALAPPUZHA 688 001.
             BY ADVS.
             AYYAPPAN SANKAR
             SRI.JAYAN JOHN
             SMT.S.HRIDYA


RESPONDENTS:

     1       ALAPPUZHA MUNICIPALITY
             REP.BY ITS SECRETARY, MUNICIPAL OFFICE,
             CCSB ROAD, MUNICIPAL JUNTION/P.O.,
             ALAPPUZHA, PIN 688 001.
     2       SECRETARY
             ALAPPUZHA MUNICIPALITY, MUNICIPAL OFFICE,
             CCSB ROAD, MUNICIPAL JUNTION/P.O.,
             ALAPPUZHA, PIN 688 001.
     3       AJI PHILIP
             AGED 42 YEARS
             S/O.K.P.JOHN, KAITHAMUTTATH HOUSE,
             STADIUM WARD P.O., ALAPPUZHA 688 001.
     4       DAISY ALIAS AMMINI JOHN,
             W/O.K.P.JOHN, KAITHAMUTTATH HOUSE,
             STADIUM WARD P.O., ALAPPUZHA 688 001.

             BY ADV Azad Babu R


      THIS     WRIT      PETITION       (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON    23.06.2022,         THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 9680 OF 2021

                               3




                            JUDGMENT

Dated this the 23rd day of June, 2022

The petitioners, who are residents of Stadium Ward of

Alappuzha Municipality, have approached this Court aggrieved

by the illegal construction made on a pathway, which has

resulted in water logging in the area.

2. The petitioners state that the only means of access

to their residences from the Evanjelickal Church Road on the

East, is a public street having 81 Metres length and 3.20

Metres width lying East-West. The natural flow of rain water is

from East to West.

3. The petitioners state that respondents 3 and 4 have

made unauthorised construction of a hump and paved floor

tiles on the Western end portion of the public street to a length

approximately 18 Metres, abutting the property of the 3 rd WP(C) NO. 9680 OF 2021

respondent. This has resulted in raising the level of that

portion of public street. Resultantly, persistent water logging

happens in this area.

4. The petitioners and other local residents filed

Exts.P7 and P8 applications before respondents 1 and 2.

Respondents 1 and 2 have not taken any action on the

applications. In such circumstances, the petitioners are before

this Court.

5. I have heard the learned counsel for the petitioners

and the learned Standing Counsel representing respondents 1

and 2. Notice to respondents 3 and 4 is dispensed with in

view of the nature of the relief to be granted in this writ

petition.

6. Standing Counsel for respondents 1 and 2

submitted that since the petitioners have preferred Exts.P7

and P8 applications, the same can be considered in

accordance with law.

WP(C) NO. 9680 OF 2021

In the circumstances, the writ petition is disposed of

directing the 2nd respondent to consider Ext.P7 application and

take appropriate decision thereon with notice to respondents 3

and 4, within a period of two months.

Sd/-

N.NAGARESH JUDGE spk WP(C) NO. 9680 OF 2021

APPENDIX OF WP(C) 9680/2021

PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTOCOPY OF THE NOTIFICATION NO.G.O.

(P) NO.47/2020/TAXES DATED 31.3.2020 ISSUED BY GOVERNMENT OF KERALA, TAXES (J) DEPARTMENT, WITH RESPECT TO PUBLISHING FAIR VALUE OF PROPERTIES.

EXHIBIT P2 TRUE PHOTOCOPY OF THE PRINT OUT OF THE RELEVANT ENTRIES PERTAINING TO THE PUBLIC STREET IN THE OFFICIAL WEBSITE OF REGISTRATION DEPARTMENT OF GOVERNMENT OF KERALA.

EXHIBIT P3 TRUE PHOTOCOPY OF THE STOP MEMO DATED 29.11.2018 ISSUED BY 1ST RESPONDENT ALAPPUZHA MUNICIPALITY TO 3RD RESPONDENT. EXHIBIT P4 TRUE PHOTOCOPY OF THE NOTICE DATED 12.12.2018 ISSUED BY THE 1ST RESPONDENT ALAPPUZHA MUNICIPALITY TO 4TH RESPONDENT. EXHIBIT P5 TRUE PHOTOCOPY OF THE RELEVANT PAGE OF THE OFFICE NOTES OF THE CONCERNED FILE OF 1ST RESPONDENT MUNICIPALITY CONTAINING THE SITE INSPECTION REPORT DATED 25.4.2019 BY THE MUNICIPAL ENGINEER IN THE COMPLAINT AGAINST ENCROACHMENT, UNAUTHORIZED CONSTRUCTION AND OBSTRUCTION IN THE PUBLIC STREET. EXHIBIT P6 PHOTOGRAPHS SHOWING THE WATERLOGGED CONDITION OF HE PUBLIC STREET.

EXHIBIT P7 TRUE PHOTOCOPY OF THE MASS PETITION DATED 20.3.2021 SUBMITTED BY PETITIONERS BEFORE THE 2ND RESPONDENT.

EXHIBIT P8 TRUE PHOTOCOPY OF THE MASS PETITION DATED 20.3.2021 SUBMITTED BY PETITIONERS BEFORE THE 1ST RESPONDENT MUNICIPALITY. EXHIBIT P9 TRUE PHOTOCOPY OF THE RECEIPT DATED 20.3.2021 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT.

RESPONDENT'S/S EXHIBITS : NIL