Fathimathu Zuhara. P vs The Executive Engineer
2023 Latest Caselaw 11040 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                       WP(C) NO. 32036 OF 2023
PETITIONER:

          FATHIMATHU ZUHARA. P., AGED 35 YEARS
          W/O JAZEEL K.K., 701 SUPERSTONE APARTMENTS,
          ANANDAPURAM, ELATHUR, KOZHIKODE DISTRICT.,
          PIN - 673303

          BY ADVS.
          R.RANJITH (MANJERI)
          A.P.NIDHIN KUMAR


RESPONDENTS:

    1     THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, MANJERI,
          MALAPPURAM DISTRICT., PIN - 676122

    2     THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS DIVISION,
          MANJERI, MALAPPURAM DISTRICT., PIN - 676122

    3     THE SECRETARY, KIZHUPARAMBA GRAMA PANCHAYAT,
          MALAPPURAM DISTRICT., PIN - 673639

    4     THE STATION HOUSE OFFICER, AREEKODE POLICE STATION,
          MALAPPURAM DISTRICT., PIN - 673639

    5     RAFI ARAKKALAKATH, S/O ABDUSSALAM, KODAVANGAD,
          VALILLAPUZHA P.O., AREEKODE VIA, MALAPPURAM
          DISTRICT., PIN - 673639

    6     AJMAL KOLOTHUMTHODI, S/O SUBAIR, KODAVANGAD,
          VALILLAPUZHA P.O., AREEKODE VIA, MALAPPURAM
          DISTRICT., PIN - 673639


          SRI SUNIL K KURIAKOSE-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 32036/23
                                      2

                           JUDGMENT

The petitioner alleges that respondents 5 and 6 are making

illegal constructions in the vicinity of a road, which is under the

control of the Public Works Department (PWD). She says that she

has already preferred Exts.P6 and P7 complaints before respondents

1 and 2 respectively; and prays that they be directed to be taken up

and necessary action initiated thereon, without any avoidable delay.

2. In response to the afore submissions made by

Sri.R.Ranjith - learned counsel for the petitioner, Sri.Sunil Kumar

Kuriakose - learned Government Pleader, submitted that, if the

petitioner only requires Exts.P6 and P7 complaints to be taken up

and disposed of in terms of law, there does not appear to be any

legal impediment in doing so; but prayed that this Court may not

make any affirmative declarations on her entitlement to any relief

and leave it to the competent Authority to take a final decision as

per law.

3. When I evaluate and consider the afore submissions, it is

without doubt that the allegations of the petitioner are in the realm WPC 32036/23

of facts, which cannot be decided by this Court while acting under

Article 226 of the Constitution of India. Obviously, therefore, the

competent among the respondents must look into her complaints,

after hearing the party respondents also.

In the afore circumstances, I allow this Writ Petition, with a

consequential direction to the 2nd respondent to take up Ext.P7

complaint preferred by the petitioner and dispose it of, after

affording her, as also the party respondents, an opportunity of being

heard; thus culminating in an appropriate order and necessary action

thereon, as expeditiously as is possible, but not later than one month

from the date of receipt of a copy of this judgment.

Sd/-

RR                                       DEVAN RAMACHANDRAN
                                                JUDGE
 WPC 32036/23


                 APPENDIX OF WP(C) 32036/2023

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE TAX RECEIPT ISSUED TO THE
                    PETITIONER, DATED 20/4/2023
Exhibit P2          TRUE COPY OF THE BUILDING PERMIT ISSUED TO

THE PETITIONER BY THE 3RD RESPONDENT PANCHAYAT, DATED 6/7/2021 Exhibit P3 TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 4TH RESPONDENT BY EMAIL, DATED 20/9/2023 Exhibit P4 TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT BY EMAIL, DATED 21/9/2023 Exhibit P5 TRUE COPY OF THE EMAIL SENT BY THE 3RD RESPONDENT TO THE PETITIONER, DATED 21/9/2023 Exhibit P6 TRUE COPY OF THE UNDATED COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF THE UNDATED COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P8 TRUE PHOTOGRAPHS OF THE ATTEMPTED CONSTRUCTION Exhibit P9 TRUE PHOTOGRAPHS OF THE ERECTED ILLEGAL SHEDS IN FRONT OF THE PROPERTY OF THE PETITIONER