Rajesh.R vs The Supr.Engineer
2022 Latest Caselaw 8055 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                       WP(C) NO. 12250 OF 2022
PETITIONER:

          RAJESH.R.
          AGED 37 YEARS,
          S/o RAJU,
          RAJESH BHAVAN, PAZHAKULAM P.O,
          PATHANAMTHITTA DISTRICT, PIN-691 554.

          BY ADV K.K.SETHUKUMAR


RESPONDENTS:

    1     THE SUPT.ENGINEER
          KERALA ROAD FUND BOARD, KRFB, TC 27/287, SPORTS
          COMPLEX, CHANDRA SEKHARAN NAIR STADIUM, PALAYAM,
          THIRUVANANTHAPURAM, PIN-695 033.

    2     THE EXE. ENGINEER,
          KERALA ROAD FUND BOARD, KRFB, REST HOUSE,
          T.B JUNCTION, THIRUVALLA, PIN-689 101

    3     THE EXE. ENGINEER,
          PWD ROADS DIVISION, PATHANAMTHITTA,
          MINI CIVIL STATION, PATHANAMTHITTA DISTRICT,
          PIN-689 645.

          SRI. BIMAL K. NATH, SR.GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12250 OF 2022

                                      2

                               T.R. RAVI, J.
              --------------------------------------------
                     W.P.(C)No.12250 of 2022
                   --------------------------------------------
               Dated this the 29th day of June, 2022

                             JUDGMENT

Admit. Government Pleader takes notice for the

respondents.

2. The grievance of the petitioner is that, even though

the petitioner had preferred Ext.P1 complaint seeking

appropriate action to remove the obstructions in the road at a

curve which is likely to cause accidents, the respondents 1 to

3 are not taking any action on the complaint.

3. This Court had on 20.05.2022, directed the

Government Pleader to place on record an Action Taken

Report with regard to the offending structure. A report dated

07.06.2022 has been filed by the Executive Engineer, which

has been placed on record along with a memo. It is stated in

the report that on receipt of the complaint from the petitioner

the Tahasildar, Mavelikkara was addressed on 19.04.2022 for

reinstating the PWD boundary, since the boundary stones WP(C) NO. 12250 OF 2022

were not seen installed. It is further stated that the office is

regularly following up the issue, to speed up the survey

process and to demarcate the boundary and that on

completion of the survey, if it is found that encroachment is

there, necessary steps will be taken to remove the

encroachments.

In the above circumstances, all that is necessary is to

record the above report and direct the respondents to take

necessary action. The writ petition is disposed of recording

the Action Taken Report submitted by the Executive Engineer

and directing the respondents to take follow up action after

the completion of the survey, if it is found that there is

encroachment. The respondents are directed to complete the

survey and take necessary further action within four months

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

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 12250 OF 2022

APPENDIX OF WP(C) 12250/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE COMPLAINT DATED 20.3.2022 GIVEN TO THE RESPONDENTS 1 TO 3

Exhibit P2 TRUE COPY OF THE POSTAL RECEIPT DATED 24.3.2022

Exhibit P3 TRUE COPY OF THE POSTAL RECEIPT DATED 24.3.2022

Exhibit P4 TRUE COPY OF THE POSTAL RECEIPT DATED 24.3.2022

Exhibit P5 ORIGINAL PHOTOGRAPH SHOWING THE OBSTRUCTION