Alias K.T vs The Executive Engineer
2022 Latest Caselaw 3042 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
                      WP(C) NO. 3312 OF 2022
PETITIONERS:
     1     ALIAS K.T., AGED 51 YEARS, S/O THOMAS K.V, KUNNATH
           HOUSE, ONAKOOR P.O.MUVATTUPUZHA, ERNAKULAM DISTRICT,
           PIN-686 667

    2     MAYA ALIAS, AGED 42 YEARS, W/O ALIAS K.T, KUNNATH
          HOUSE, ONAKOOR P.O.MUVATTUPUZHA, ERNAKULAM DISTRICT,
          PIN-686 667

    3     K.C.THAMPY, AGED 62 YEARS, S/O CHERIYA, KOLLARAYILL
          HOUSE, PERIYAPPURAM P.O.MUVATTUPUZHA, ERNAKULAM
          DISTRICT, PIN-686 673

          BY ADVS.
          ALIAS M.CHERIAN
          K.M.RAPHY
          BRISTO S PARIYARAM
          NEENU ANNA BABU
          AJAI ALIAS CHALAPPURAM
RESPONDENTS:
     1     THE EXECUTIVE ENGINEER, PWD , ROAD SECTION,
           MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 673

    2     ASSISTANT ENGINEER, PWD, ROAD SECTION, PIRAVOM
          MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 664

    3     THE TALUK SURVEYOR, TALUK OFFICE, MUVATTUPUZHA TALUK,
          MUVATTUPUZHA P.O, ERNAKULAM DISTRICT, PIN-686 669

    4     THE VILLAGE OFFICER, ONAKOOR VILLAGE, ONAKOOR
          P.O.MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 667

    5     JOY PLAMTHOTTATHIL, AGED 65 YEARS
          FATHERS NAME NOT KNOWN TO THE PETITIONER,
          PLAMTHOTTATHIL HOUSE, ONAKOOR P.O.MUVATTUPUZHA,
          ERNAKULAM DISTRICT, PIN-686 667


          SMT. MABLE.C.KURIAN,SR.G.P
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 3312/22
                                         2

                               JUDGMENT

The petitioners allege that, in spite of Ext.P7 letter of the

2nd respondent - Assistant Engineer and Ext.P8 proceedings of the

3rd respondent - Taluk Surveyor, wherein, it has been found that

some of the shops of the 5th respondent are in encroachment of

the road 'purambokku' area, no action has been yet taken.

2. Sri.Alias M. Cherian - learned counsel for the

petitioners, pointed out that, in Ext.P7, the 2 nd respondent has

sought for action to evict three offending structures on the

'purambokku'; while, in Ext.P8, the Taluk Surveyor has recorded,

as early as on 10.01.2022, that such work can be completed only

during the summer season. He says that since the season is now

summer, action pursuant to Ext.P8 must be completed.

3. In response, the learned Senior Government Pleader -

Smt.Mable C. Kurian, submitted that necessary action consequent

to Exts.P7 and P8 will certainly be completed after hearing the

5th respondent also. She submitted that measures in this regard

will be taken and finished without any avoidable delay. WPC 3312/22

Taking note of Exts.P7 and P8 and in particular, the afore

submissions of the learned Senior Government Pleader, I order

this Writ Petition and direct the competent respondent to

complete proceedings pursuant to the said proceedings, after

affording the petitioner, as also the 5 th respondent, an opportunity

of being heard; thus culminating in an appropriate order and

necessary action thereon as expeditiously as is possible but not

later than three months from the date of receipt of a copy of this

judgment.

Sd/-

RR                                       DEVAN RAMACHANDRAN
                                                JUDGE
 WPC 3312/22


                APPENDIX OF WP(C) 3312/2022

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF BASIC TAX RECEIPT NO

KL07070503464/2021 DATED 23.7.2021 ISSUED FROM THE VILLAGE OFFICE, ONAKOOR Exhibit P2 TRUE COPY OF NOTICE NO F4/5124/20 DATED 7.12.2020 ISSUED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF LETTER NO L.DIS 2249/19/F4 DATED 14.8.2020 ISSUED BY THE 4TH RESPONDENT/VILLAGE OFFICER Exhibit P4 TRUE COPY OF COMPLAINT DATED 28.7.2020 SUBMITTED BY 3RD PETITIONER BEFORE 1ST RESPONDENT Exhibit P5 TRUE COPY OF COMPLAINT DATED 28.7.2020 SUBMITTED BY 3RD PETITIONER BEFORE 4TH RESPONDENT Exhibit P6 TRUE COPY OF COMPLAINT DATED 3.8.2020 GIVEN BY 3RD PETITIONER BEFORE 2ND RESPONDENT Exhibit P7 TRUE COPY OF THE LETTER NO P88/97 DATED 4.8.2020 ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER Exhibit P8 TRUE COPY OF REPORT NO F4/5124/20 DATED 10.1.2022 ISSUED BY THE 3RD RESPONDENT