Ramla vs State Of Kerala
2023 Latest Caselaw 7684 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
                   WP(C) NO. 22993 OF 2023
PETITIONERS:

    1     RAMLA
          AGED 45 YEARS
          W/O. ABDUL RASAQ, ELEDATH HOUSE, AGASTIAMUZHI,
          MUKKAM P.O., KOZHIKODE DISTRICT., PIN - 673602
    2     LAISALA
          AGED 40 YEARS
          W/O. ASHRAF, ELEDATH HOUSE, AGASTIAMUZHI, MUKKAM
          P.O., KOZHIKODE DISTRICT., PIN - 673602
    3     LAILA
          AGED 34 YEARS
          W/O. MUHAMMED RAFEEQ, ELEDATH HOUSE, AGASTIAMUZHI,
          MUKKAM P.O., KOZHIKODE DISTRICT., PIN - 673602
          BY ADVS.
          BABU JOSEPH KURUVATHAZHA
          MOHAMMED SHAFI.K
          ARCHANA K.S.
          HRISHIKRISHNAN

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM., PIN - 695001
    2     SECRETARY TO GOVERNMENT
          PUBLIC WORKS DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM., PIN - 695001
    3     DISTRICT COLLECTOR
          CIVIL STATION, KOZHIKODE., PIN - 673020
    4     EXECUTIVE ENGINEER
          KERALA STATE TRANSPORT PROJECT DIVISION,
          BABY BEACH ROAD, BARNASSERY P.O.,
          KANNUR., PIN - 670013
    5     SUPERINTENDENT OF SURVEY & LAND RECORDS
          CIVIL STATION, KOZHIKODE., PIN - 673020
 WP(C).No.22993/2023

                             2



    6      SREEDHNYA CONSTRUCTIONS
           CONTRACTORS, OPPOSITE KPCC OFFICE,
           THIRUVANANTHAPURAM, REPRESENTED BY ITS
           DIRECTOR/MANAGER., PIN - 695010
    7      STATION HOUSE OFFICER
           MUKKAM POLICE STATION, MUKKAM P.O.,
           KOZHIKODE DISTRICT., PIN - 673602
    8      VILLAGE OFFICER
           THAZHEKKODE VILLAGE, MUKKAM-VIA,
           KOZHIKODE DISTRICT., PIN - 673604
           ADV.B.S.SYAMANTAK, GP



    THIS WRIT PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 14.07.2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.22993/2023

                                      3



                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.22993 of 2023
              ----------------------------------------------
             Dated this the 14th day of July, 2023


                             JUDGMENT

This writ petition is filed with following prayers:

i. issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 2nd respondent to consider and dispose of Ext.P9 representation, in the light of Ext.P8, with notice to the petitioners and respondents 3 to 6, forthwith;

ii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 5 to do the needful to restore the original position of the petitioners' property, to the extent encroached upon it, as detailed in Ext.P8, forthwith;

iii. issue such other writ, order or direction which may deem fit in the facts and circumstance of the case;

iv. dispense with the translation of the documents produced in the Vernacular Language.

(SIC)

2. The case of the petitioners is that their property is

encroached by the official respondents for constructing WP(C).No.22993/2023

Edvanna - Koyilandy State Highway without acquisition. The

petitioners submitted Ext.P9 representation before the

respondents. The same is not considered is the grievance.

3. Heard the learned Government Pleader also.

4. After hearing both sides, without expressing any

opinion on merit, there can be a direction to the 3 rd

respondent to consider Ext.P9, with notice to the petitioners.

If there is any grievance to the petitioners, the same should be

redressed in accordance with law. Before passing orders, the

3rd respondent will hear all other affected parties also.

Therefore, this writ petition is disposed of in the

following manner:

1. The 3rd respondent is directed to consider and

pass appropriate orders in Ext.P9, after

affording an opportunity of hearing to the

petitioners and all other affected parties, as

expeditiously as possible, at any rate, within

three months from the date of receipt of a

stamped certified copy of this judgment.

2. The petitioners will produce a stamped certified

copy of this judgment along with a copy of this WP(C).No.22993/2023

writ petition with exhibits before the 3rd

respondent for compliance.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.22993/2023

APPENDIX OF WP(C) 22993/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF DOCUMENT NO.2300/2015 DATED 26.8.2015 OF THE SUB REGISTRY, MUKKAM.

Exhibit P2 TRUE COPY OF THE BUILDING PERMIT DATED 7.6.2018 ISSUED BY THE MUKKAM MUNICIPALITY.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 22.11.2022 FILED BY THE PETITIONERS BEFORE THE OFFICE OF THE 6TH RESPONDENT NEAR MUKKAM.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 24.11.2022 SUBMITTED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT. Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 7.1.2023 SUBMITTED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT.

Exhibit P6 TRUE COPY OF THE RECEIPT NO.788557/23 DATED 7.1.2023 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT.

Exhibit P7 TRUE COPY OF THE RECEIPT NO.799067/23 DATED 23.1.2023 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT.

Exhibit P8 TRUE COPY OF THE LETTER DATED 28.1.2023 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 4TH RESPONDENT. Exhibit P8(a) TRUE COPY OF THE COMPLAINT DATED 24.2.2023 FILED BY THE PETITIONERS BEFORE THE 7TH RESPONDENT.

Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 22.5.2023 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENTS 1 TO 4 AND 7.