Kerala High Court
P. N. Sasidharan vs Executive Engineer on 20 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
WP(C) NO. 19886 OF 2023
PETITIONER/S:
1 P. N. SASIDHARAN
AGED 67 YEARS
AGED 67 YEARS, S/O PADMANABHAN, KOYPPALLIL HOUSE,
VETTIYAR VILLAGE MAVELIKARA TALUK,
ARUNOOTTIMANGALAM P.O., ALAPPUZHA DISTRICT, PIN -
686604
2 BRAHMANANDAN.K
AGED 71 YEARS
S/O.KOCHIKUNJU. PUTHENVILAYIL HOUSE, EDAKUNNAM,
NOORNAD, CHARUMOODU ALAPPUZHA DISTRICT, PIN -
680505
3 GURUSWAMI,
AGED 70 YEARS
AYYAPPABHAVANAM, VETTIYAR, ALAPPUZHA DISTRICT,
PIN - 690558
4 JOHN.P.GEORGE
AGED 52 YEARS
S/O.P.T.GEORGE, PANACHAMOOTTIL HOUSE, MATTOM
SOUTH, THATTARAMBALAM.P.O., MAVELIKKARA,
KANNAMANGALAM (PART) ALAPPUZHA DISTRICT, PIN -
690103
5 SARASAN,
AGED 67 YEARS
USHA BHAVANM, THAZHAKKARA (PART), KALLIMEL,
ALAPPUZHA DISTRICT, PIN - 690509
6 SUNIL.M.S
AGED 49 YEARS
MUTHALISSERIL HOUSE, VETTIYAR ,
ARUNOOTTIMANGALAM, ALAPPUZHA DISTRICT, PIN -
690110
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
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W.P.(C). No. 19886 of 2023
BIJOY SAM GEORGE
RESPONDENT/S:
1 EXECUTIVE ENGINEER
PWD ROADS DIVISION, COLLECTORATE BUILDING,
ALAPPUZHA DISTRICT, PIN - 688001
2 ASSISTANT EXECUTIVE ENGINEER
KERALA STATE ROAD TRANSPORT PROJECT
(THATTARAMBALAM-PANDALAM ROAD DEVELOPMENT),
MAVELIKKARA , ALAPPUZHA DISTRICT, PIN - 690101
3 THE SECRETARY
THAZHAKKARA GRAMMA PANCHAYAT, KALLISSERY P.O
MAVELIKKARA, ALAPPUZHA DISTRICT., PIN - 690509
4 REGIONAL TRANSPORT AUTHORITY
REGIONAL TRANSPORT OFFICE, CIVIL STATION,
ALAPPUZHA -688001, REPRESENTED BY ITS SECRETARY,
PIN - 688001
OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.06.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C). No. 19886 of 2023
P.V.KUNHIKRISHNAN, J.
======================================================
W.P.(C) No. 19886 of 2023
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Dated this the 20th day of June, 2023
JUDGMENT
The above writ petition is filed with following prayers:
" (i) Issue a writ of mandamus or any other appropriate writ
or order commanding the 1st and 2nd respondents to consider
and take a decision on Exhibit.P5 representation made by
the petitioners after hearing the petitioners and similarly
placed other aggrieved persons.
(ii) Issue a writ of mandamus or any other appropriate writ
or order commanding the 4th respondent to direct 1st and 2nd
respondents to remove the bus shelter erected by
respondents in violation of Rule 206 of the Kerala Motor
Vehicles Rules.
(iii) Issue a writ of mandamus or any other appropriate writ
commanding the 1st and 2nd respondent to erect the bus
shelter in Mangankuzhi Junction after getting sanction from
the statutory authorities in accordance with law.
(iv) Petitioner may be permitted to dispense with the filing
of translation of the vernacular documents. And
(v) To pass such orders or reliefs as this Hon'ble Court
deems fit in the interest of justice." (sic)
2. The grievance of the petitioner is that a bus shelter is
erected in Mankamkuzhy Junction, without any authority. The
W.P.(C). No. 19886 of 2023
petitioner already approached the 1st and 2nd respondents with Ext.P5
representation. The same is not considered is the grievance.
3. Heard the counsel for the petitioner and the Government
Pleader.
4. After hearing both sides, I am of the considered opinion
that these are matters to be looked into by the 2 nd respondent and the
petitioner already approached the 2nd respondent with Ext.P5. If that
be so, there can be a direction to the 2 nd respondent to consider Ext.P5
and take appropriate steps, in accordance with law.
5. The Government Pleader submitted that it is doubtful that
whether Ext.P5 is received by the 2 nd respondent. The petitioner can
be directed to produce the copy of this writ petition along with all
exhibits and so that the 2nd respondent can consider the same.
Therefore, this writ petition is disposed of in the following
manner:
1. The 2nd respondent is directed to consider and pass
appropriate orders in Ext.P5, after giving an opportunity of
W.P.(C). No. 19886 of 2023
hearing to the petitioner and other affected parties and take
appropriate steps, in accordance with law, and communicate
the decision taken to the petitioner, as expeditiously as
possible, at any rate, within two months from the date of
receipt of a certified copy of this judgment.
2. The petitioner will produce a stamped certified copy of
this judgment together with a copy of this writ petition with
exhibits, before the 2nd respondent for compliance.
3. I make it clear that, I have not considered the matter on
merit and the 2nd respondent is free to take appropriate steps
in accordance with law.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No. 19886 of 2023
APPENDIX OF WP(C) 19886/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE WORK DETAILS OF THE
THATTARAMBALAM - PANDALAM STATE HIGHWAY
ISSUED BY THE 1ST RESPONDENT
Exhibit P2 A TRUE PHOTOGRAPHS OF THE WAITING SHED
ERECTED BY THE RESPONDENTS 1 AND 2 IN
FRONT OF THE SHOP ROOMS OWNED BY THE
1ST PETITIONER AND OCCUPIED BY THE
PETITIONERS 2 TO 5
Exhibit P3 A TRUE COPY OF THE NEWS ITEM PUBLISHED
IN MALAYALA MANORAMA ALAPPUZHA EDITION
DATED 06.06.2023
Exhibit P4 A TRUE COPY OF THE NEWS ITEM PUBLISHED
IN MATHRUBHOOMI ALAPPUZHA EDITION DATED
05.06.2023
Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED
07.06.2023 MADE BY THE PETITIONERS
BEFORE THE 1ST AND 2ND RESPONDENTS
