Sunitha vs State Of Kerala Rep. Through The ...
2023 Latest Caselaw 5900 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                  WP(C) NO. 16490 OF 2023
PETITIONER/S:

         SUNITHA, AGED 42 YEARS
         CHALE VADAKETHIL HOUSE,
         CHENNITHALA EAST MURI, T
         HRIPPERUMTHURA VILLAGE, MAVELIKARA TALUK,
         ALAPPUZHA DISTRICT, PIN - 690105
         BY ADVS.
         S.K.SAJI
         MAYAMOL T.S.
         G.R.MANJU


RESPONDENT/S:

    1    STATE OF KERALA REP. THROUGH
         THE CHIEF SECRETARY
         GOVT. OF KERALA, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 690001
    2    THE SECRETARY PUBLIC WORKS DEPARTMENT (PWD)
         1ST FLOOR, ANNEXE 2, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001
    3    THE DIRECTOR,
         KERALA STATE TRANSPORT PROJECT (KSTP)
         SREEBALA BUILDING, KESTON ROAD,
         KANTHANCODE, KOWDIAR P.O.,
         THIRUVANANTHAPURAM,, PIN - 695003
    4    THE CHIEF ENGINEER (PROJECT)
         KERALA STATE TRANSPORT PROJECT,
         SREEBALA BUILDING, KESTON ROAD,
         KANTHANCODE, KOWDIAR P.O.,
         THIRUVANANTHAPURAM, PIN - 695003
    5    THE MANAGING PARTNER, BEGORRA
         INFRASTRUCTURES AND DEVELOPERS PVT. LTD.,
         KARIMKUTTIYIL BUILDING, ANGADI P.O., RANNI,
         PATHANAMTHITTA DISTRICT,, PIN - 689674
                                         -2-
W.P.(C). No. 16490 of 2023



OTHER PRESENT:

                SRI.B.S.SYAMANTAK, GP


        THIS       WRIT      PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION         ON     24.05.2023,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -3-
W.P.(C). No. 16490 of 2023



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No. 16490 of 2023
                         =============================================================

                      Dated this the 24th day of May, 2023

                                          JUDGMENT

The above writ petition is filed with following prayers:

"a. Issue a writ of mandamus or any other appropriate writ, or order prohibiting the construction of the waiting shed (bus shelter) on the northern side of the petitioner's property and commanding the respondent nos. 3 and 4 to take appropriate measures by giving direction to the respondent no. 5 to construct the waiting shed without obstructing the petitioner's access to her property including the blockage of the entry of vehicles, providing complete road access and facility to the petitioner.

b. Issue such other relief order as the Hon'ble Court deem fit and necessary in the facts and circumstances of the case." (sic)

2. According to the petitioner, the Thattarambalam-

Pandalam PWD road is running along the northern side of the

petitioner's property and sharing its northern boundary with the

road. The up-gradation of the road is being done under the

W.P.(C). No. 16490 of 2023

contractorship of the 5th respondent, is the submission. It is also

submitted that the property of the petitioner is situated at the heart

of Thattarambalam town. It is also stated in the writ petition, on

20.02.2023, the petitioner has obtained building permit from

Mavelikara Municipality for a multi-storied commercial complex,

as evident by Ext.P3. It is also submitted by the petitioner that the

petitioner has been enjoying her registered holding with direct

access from the PWD road for its beneficial enjoyment and

otherwise has no road access. It is the case of the petitioner that

on 22.05.2023, all of a sudden, the employees of the 5 th

respondent have started the construction of a waiting shed (bus

shelter) by obstructing the petitioner's entry to the road from her

landed property. Hence the petitioner approached this Court with

a Writ Petition.

3. Heard the counsel for the petitioner and the

Government Pleader.

W.P.(C). No. 16490 of 2023

4. I am of the considered opinion that the petitioner has

to approach the appropriate authority with appropriate

representation, if there is any grievance to her. The counsel for

the petitioner submitted that the 4th respondent is the appropriate

authority. The petitioner can file a representation narrating her

grievances raised in this writ petition before the 4 th respondent

and there can be a direction to the 4th respondent to consider the

same, with notice to the petitioner and other affected partes.

Therefore, this writ petition is disposed of in the following

manner:

1. The petitioner is free to submit a representation narrating the grievances raised in this writ petition before the 4th respondent within one week from the date of receipt of a certified copy of this judgment.

2. Once such a representation is received, the 4 th respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the

W.P.(C). No. 16490 of 2023

petitioner and other affected parties, as expeditiously as possible at any rate within one month from the date of receipt of the representation.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 16490 of 2023

APPENDIX OF WP(C) 16490/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED VIDE NO.

1449 DATED 06.08.2015 Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 09.05.2023 OF KANNAMANGALAM VILLAGE Exhibit P3 TRUE COPY OF THE BUILDING PERMIT VIDE NO. E2 292 FROM MAVELIKARA MUNCIPALITY DATED 20.02.2020