Thressyamma Jacob vs State Of Kerala Represented By ...
2023 Latest Caselaw 407 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
     WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA,
                                    1944
                       WP(C) NO. 39706 OF 2022
PETITIONER/S:

               THRESSYAMMA JACOB
               AGED 95 YEARS
               W/O JACOB, THEVAROLICKAL HOUSE, KARUVANCHAL
               P.O, JOSE JUNCTION, VELLAD VILLAGE,
               TALIPARAMBA, KANNUR, PIN - 670141
               BY ADVS.
               MANSOOR ALI
               MUHAMMED SUHAIL P.A.

RESPONDENT/S:

       1       STATE OF KERALA REPRESENTED BY SECRETARY TO
               PUBLIC WORKS DEPARTMENT,
               SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
       2       THE EXECUTIVE ENGINEER, PUBLIC WORK DEPARTMENT
               KANNUR
               COLLECTORATE COMPOUND, CIVIL STATION NEAR RTA
               OFFICE, KANNUR , PIN - 670002
       3       THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORK
               DEPARTMENT, TALIPARAMBA DIVISION,
               TALIPARAMBA P.O KANNUR, PIN - 670141
       4       TEHSILDAR , TALIPARAMBA, TALUK OFFICE
               COURT ROAD, TALIPARAMBA, KANNUR, PIN - 670141
       5       VILLAGE OFFICER , VELLAD
               KARUVANCHAL, VELLAD, KANNUR, KERALA, PIN -
               670571
OTHER PRESENT:

               GP P.S.APPU


           THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    11.01.2023,    THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.39706 of 2022

                                  -2-



                             JUDGMENT

Dated this the 11th day of January, 2023

This writ petition is filed voicing an

apprehension that the proposed construction of

Alakode Bridge may result in encroachment over

the petitioner's property comprised in Sy.

No.4/1031 of Vellad Village in Taliparamba Taluk.

Learned Government Pleader submits, on

instructions, that, the apprehension is misplaced

and the construction will not result in any sort

of encroachment over the petitioner's property.

This is recorded and the writ petition is closed.

Sd/-

V.G.ARUN JUDGE Scl/ W.P.(C) No.39706 of 2022

APPENDIX OF WP(C) 39706/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT ISSUED BY THE 5TH RESPONDENT DATED 05.08.2022 Exhibit P2 THE TRUE COPY OF THE JUDGMENT IN OS 481/1999 OF MUNSIFF COURT TALIPARAMBA DATED 30.08.2003 & EXT-C1 REPORT AND C2 PLAN Exhibit P3 TRUE PHOTOGRAPHS OF THE ALAKODE BRIDGE CONSTRUCTION Exhibit P4 THE PHOTOGRAPH WHICH SHOWS THE ENCROACHMENT IN DEMARCATED PORTION (RSNO4/1B) Exhibit P5 TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 2ND RESPONDENT DATED 06.12.2022 Exhibit P6 TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 3RD RESPONDENT DATED 06.12.2022