Roy V Rajan vs State Of Kerala
2022 Latest Caselaw 5680 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

              FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944

                             WP(C) NO. 2831 OF 2022

PETITIONER:

               ROY V RAJAN
               AGED 48 YEARS
               SON OF RAJAN VALIYAKALAYIL, MANNAR POOZHIKKOL PO, KADUTHURUTHY
               KOTTAYAM - 686604., PIN - 686604

               BY ADVS.
               A.KRISHNAN
               JOSE JOSEPH (MANNAR)
               JOSEPH ISSAC



RESPONDENTS:

     1         STATE OF KERALA
               REPRESENTED BY THE SECRETARY. PUBLIC WORKS DEPARTMENT, ROOM NO.
               388, MAIN BLOCK SECRETARIAT, THIRUVANANTHAPURAM - , PIN -
               695001

     2         THE DISTRICT COLLECTOR
               COLLECTORATE PO, KOTTAYAM, PIN - 686002

     3         REVENUE DIVISIONAL OFFICER
               PALAI, KOTTAYAM , PIN - 68657

     4         THE TAHSILDAR
               TALUK OFFICE VAIKOM, KOTTAYAM, PIN - 68660

     5         THE VILLAGE OFFICER
               KADUTHURUTHY , PIN - 686604

     6         THE EXECUTIVE ENGINEER
               PUBLIC WORKS DEPARTMENT ,KOTTAYAM , PIN - 686001

     7         THE ASSISTANT EXECUTIVE ENGINEER
               PUBLIC WORKS DEPARTMENT,SUB. DIVISION OFFICE, VALIYAPPALLY
               ROAD, KADUTHURUTHY KOTTAYAM , PIN - 686045

     8         THE ASSISTANT ENGINEER
               PWD ,PALLIKKAVALA, THALAYOLAPARMBU ,PUBLIC WORKS DEPARTMENT
               ,KOTTAYAM, PIN - 686005
 WP(C) NO. 2831 OF 2022

                                       2




     9      THE SECRETARY
            KADUTHURUTHY GRAMA PANCHAYATH KADUTHURUTY PO, PIN - 686604

     10     CHANDRAN
            S/O PAPPA, MANNAR ,INCHIKKALAYIL HOUSE, POOZHIKKOL PO
            KADUTHURUTHY , PIN - 686604

     11     SUJATHA
            W/O CHANDRAN, MANNAR ,INCHIKKALAYIL HOUSE, POOZHIKKOL PO,
            KADUTHURUTHY , PIN - 686604

            BY ADVS.
            JUSTINE JACOB
            M.DINESH



OTHER PRESENT:

            SMT K AMMINIKUTY - SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.05.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2831 OF 2022

                                           3




                                 JUDGMENT

The petitioner alleges that respondents 10 and 11 have put up

an unauthorized and unlicensed 'bunk' in such a manner so as to

obstruct his ingress and egress from his property.

2. However, when this matter was called today, Sri.N.Dinesh

- learned counsel appearing for respondents 10 and 11 submitted, in

answer to the afore allegations made on behalf of the petitioner by his

learned counsel - Sri.A.Krishnan that the impugned 'bunk' has been

removed by his clients voluntarily.

Recording the afore submissions, I dispose of this writ petition;

however, with a direction to respondents 7, 8 and 9 to ensure that

respondents 10 and 11 do not put up any structure in conflict with law

in future either.

SD/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 2831 OF 2022

APPENDIX OF WP(C) 2831/2022

PETITIONER EXHIBITS

Exhibitp1 TRUE COPY OF PARTITION DEED NO. 760 OF 2019 OF THESUB REGISTRAR OFFICE, KADUTHURUTHY, DATED 29.05.2019.

Exhibit p2 - TRUE COPY OF BUILDING PERMIT DATED 31.08.2021 ISSUED BY THE 9TH RESPONDENT

Exhibit p3 TRUE PHOTOGRAPHS SHOWING PRESENT POSITION

Exhibit p4 TRUE COPY OF THE REPRESENTATION DATED 18.10.2021 FILED BEFORE THE 2ND RESPONDENT

Exhibit p4(a) TRUE COPY OF REPRESENTATION DATED 18.10.2021 FILED BEFORE THE 4THRESPONDENT

Exhibit p4(b) TRUE COPY OF REPRESENTATION DATED 18.10.2021 FILED BEFORE THE 5THRESPONDENT

Exhibit p4(c) TRUE COPY OF REPRESENTATION DATED 18.10.2021 FILED BEFORE THE 6TH RESPONDENT

Exhibit p4(d) TRUE COPY OF REPRESENTATION DATED 18.10.2021 FILED BEFORE THE 7TH RESPONDENT.

Exhibit p4(e) - TRUE COPY OF REPRESENTATION DATED 18.10.2021 FILED BEFORE THE 8TH RESPONDENT

Exhibit p4(f) TRUE COPY OF REPRESENTATION DATED 18.102021 FILED BEFORE THE 9TH RESPONDENT