A.A.Chandran vs The District Collector
2023 Latest Caselaw 1494 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                        WP(C) NO. 27769 OF 2013
PETITIONER:

          A.A.CHANDRAN
          AGED 67 YEARS
          S/O.ARUMUGAN, AYKALAPARAMBIL HOUSE, MULLAKARA ARAMKALLU
          DESOM, MANNUTHI, THRISSUR DISTRICT.
          BY ADV SRI.RAJESH CHAKYAT


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          THRISSUR, CIVIL STATION, AYYANTHOLE, THRISSUR-680003.
    2     THE THRISSUR MUNICIPAL CORPORATION
          THRISSUR, PIN-680001, REPRESENTED BY ITS SECRETARY.
    3     THE TOWN PLANNING OFFICER
          THRISSUR MUNICIPAL CORPORATION, THRISSUR-680001.
    4     THE ASSISTANT ENGINEER
          THRISSUR CORPORATION, ZONAL OFFICE, OLLUKKARA,
          THRISSUR-680001.
    5     THE ENVIRONMENTAL ENGINEER
          KERALA STATE POLLUTION CONTROL BOARD, THRISSUR UNIT,
          6TH FLOOR SUN TOWER, EAST FORT P.O., THRISSUR.
    6     THE SPECIAL TAHSILDAR
          NATIONAL HIGH WAYS, THRISSUR DIVISION, CHEMBOOKAVU,
          THRISSUR.
    7     UMMAR
          S/O.KOCHUVEETTIL KHALID, OLLUKARA VILLAGE, MULLAKARA
          ARAMKALLU DESOM, MANNUTHI, THRISSUR.
    8     NATIONAL HIGHWAY AUTHORITY OF INDIA
          REPRESENTED BY ITS PROJECT OFFICER, PROJECT
          IMPLEMENTATION UNIT, CHANDRA NAGAR, PALAKKAD.
          IMPLEADED VIDE ORDER DATED 10.02.2015 IN
          I.A.NO.1823/2015
 WP(C) NO.27769 OF 2013

                                2




            BY ADVS.
            SRI.P.S.APPU
            SRI.V.N.HARIDAS
            SMT.KRIPA ELIZABETH MATHEWS
            SMT.C.B.SUMA DEVI
            SRI.T.C.SURESH MENON
            SRI.V.M.SYAM KUMAR
            SRI. SANTHOSH P.PODUVAL, SC, THRISSUR
            CORPORATION
            SRI.THOMAS ANTONY
            SRI.K.P.VIJAYAN
            SRI.T.NAVEEN, SC, (PCB)



     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP    FOR
ADMISSION    ON   20.01.2023,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.27769 OF 2013

                                    3


                P.V.KUNHIKRISHNAN, J.
                 ------------------------------
              W.P.(C).No. 27769 of 2013
         ----------------------------------------------
      Dated this the 20th day of January, 2023


                          JUDGMENT

The above Writ Petition is filed with the following

prayers:

i. Issue writ of mandamus or other appropriate

writ or order directing the respondent 1 to 4 and also to the

6th respondent to take immediate action against the

encroachment made by the 7th respondent on National

Highway purumboke land by evicting him from the above

purumboke land situated in ward no 17 of the 2 nd

respondent corporation.

ii) Issue writ of mandamus or other appropriate

directions to the 1st, 2nd and 6th respondent to take

immediate further action on Exhibit P1, P3 and P5 notices

and demolish the unauthorised building constructed by the

7th respondent in the N.H. purumboke land situated in ward

no 17 of the 2nd respondent corporation.

WP(C) NO.27769 OF 2013

iii) Issue writ of mandamus or other appropriate

direction to the 2nd respondent to stop functioning of the

Sofa Manufacturing unit named Unique Upholstery Works

run by the 7th respondent.

iv) Issue writ of mandamus or other appropriate

writ or order directing the 5th respondent to take immediate

legal action to stop functioning of the unauthorised Sofa

Manufacturing unit named Unique Upholstery Works run by

the 7th respondent.

v) Issue writ of mandamus or other appropriate

writ or order directing the 5th and 6th respondents to

consider Exhibit P8 and P9 and pass appropriate orders in

accordance with law on the same.

2. This writ petition is filed alleging unauthorised

construction of building by encroaching National

Highway, 'Puramboke'. No interim order is passed by

this Court in this petition. This writ petition is pending

for the last ten years. No purpose will be served in

retaining this writ petition indefinitely. If there is any

surviving grievance to the petitioner, the petitioner is

free to approach the competent Authority among

respondents and if any such representation is received, WP(C) NO.27769 OF 2013

the competent Authority will proceed only after giving

notice to the 7th respondent.

With the above observation this writ petition is

closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

Raj.

20.01.2023.

WP(C) NO.27769 OF 2013

APPENDIX OF WP(C) 27769/2013

PETITIONER EXHIBITS EXHIBIT P1 : TRUE COPY OF THE NOTICE ISSUED BY R2 DT.13-9-2011.

EXHIBIT P2 : TRUE COPY OF THE COMPLAINT GIVEN BY THE PETITIONER TO R2 DT.9-4-2013.

EXHIBIT P3 : TRUE COPY OF THE NOTICE ISSUED BY R4 CORPORATION DT.19-4- 2013.

EXHIBIT P4 : TRUE COPY OF THE COMPLAINT DT.31-5-2013.

EXHIBIT P5 : TRUE COPY OF THE NOTICE/DIRECTION ISSUED BY R1 DT.30- 8-2013.

EXHIBIT P6 : TRUE COPY OF THE REPLY ISSUED BY R2 DT.1-10-2013.

EXHIBIT P7 : TRUE COPY OF THE LETTER DT.8-10-2013 ISSUED BY R4.

EXHIBIT P8 : TRUE COPY OF THE COMPLAINT GIVEN TO R5 DT.26-10-2013. EXHIBIT P9 : TRUE COPY OF THE COMPLAINT GIVEN TO R6 DT.26-10-2013.