Rajappan Nair vs The District Collector
2024 Latest Caselaw 9496 Ker

Citation : 2024 Latest Caselaw 9496 Ker
Judgement Date : 4 April, 2024

Kerala High Court

Rajappan Nair vs The District Collector on 4 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                    WP(C) NO. 20327 OF 2017
PETITIONERS:

    1       RAJAPPAN NAIR N.A
            ASHA BHAVAN, S.H. MOUNT (P.O),
            NAGAMPADAM,KOTTAYAM, PIN - 686 006.
    2       ASHA RAJAN
            PULIMOOTTIL (KPS), PUZHAVATH, CHANGANASSERY (PO),
            KOTTAYAM DISTRICT, PIN - 686 101.
            BY ADVS.
            SRI.GOPAKUMAR R.THALIYAL
            SRI.T.S.RAJASENAN

RESPONDENTS:

    1       THE DISTRICT COLLECTOR
            KOTTAYAM, PIN - 686 001.
    2       THE REVENUE DEVELOPMENT OFFICER
            RDO OFFICE, MINI CIVIL STATION,
            KOTTAYAM, PIN - 686 001.
    3       THE KOTTAYAM DISTRICT PANCHAYATH
            REPRESENTED BY ITS SECRETARY, DISTRICT PANCHAYATH
            OFFICE, KOTTAYAM, PIN - 686 001.
    4       THE TAHSILDAR
            TALUK OFFICE, KOTTAYAM - 686 001.
    5       THE EXECUTIVE ENGINEER
            OFFICE OF THE EXECUTIVE ENGINEER, PWD (ROADS AND
            BRIDGESDIVISION), KOTTAYAM, PIN - 686 001.
    6       THE REGIONAL TRANSPORT OFFICER
            OFFICE OF THE RTO, KOTTAYAM COLLECTORATE,
            KOTTAYAM, PIN - 686 001.
            BY ADVS.
            SRI.PAUL JACOB, SC, KOTTAYAM DISTRICT PANCHAYAT
            SRI.RIYAL DEVASSY, GP
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   04.04.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.20327 of 2017

                               2




                P.V.KUNHIKRISHNAN, J.
        ---------------------------------------------
               W.P.(C) No. 20327 of 2017
    ------------------------------------------------------
          Dated this the 04th day of April, 2024.


                           JUDGMENT

This writ petition is filed seeking the following

reliefs:

"i). to issue a writ of certiorari or any other appropriate writ, direction or order, quashing Exhibits P7, P11 and P16 as arbitrary, illegal, unreasonable and unjust.

ii). to issue a writ of mandamus or any other appropriate writ, direction or order, directing the 3rd respondent to implement Exhibit P10 order issued by the 1st respondent, forthwith.

iii). to issue such other reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of the case."[SIC]

2. The petitioners are owners of 5.2 Ares of

property situated in Sy.No.496/2, 2.8 Ares in Sy.No.

496/5 and 00.35 Ares in Sy.No.496/3-1-1 of

Ettumanoor Village, Kottayam District, which are

lying contiguous is the submission. According to the

petitioners, the above property is situated in a higher

altitude and a building is also situated in the

property. The grievance of the petitioners is that, in

front of this property, a waiting shed was put up,

which completely blocks the petitioners' access to the

property. It is also submitted that the petitioners'

ingress and egress to their property was obstructed

by the putting up of the waiting shed. It is also

submitted that, as per Ext.P3 information received

under the Right to Information Act from the Public

Works Department regarding the construction of the

waiting shed, it is replied as per Ext.P4 that no

permission has been given for the construction of the

shed from the Public Works Department. Therefore, it

is submitted that the waiting shed has been

constructed unauthorisedly without obtaining

permission from the authorities concerned. The

petitioners also submitted that, Ext.P9 report along

with the plan shows that the property in which the

waiting shed is situated belongs to the 2nd petitioner

as well as one Radhakrishnan. It is also the case of

the petitioners that, Ext.P12 report of the Village

Officer, Kottayam states that the waiting shed

constructed in front of the 2nd petitioner's property

partly obstructed the ingress and egress to the

petitioners' property. According to the petitioners, as

per Ext.P10, the 1st respondent directed the 3rd

respondent to reconstruct the waiting shed by

reducing its size. Though Ext.P10 order has been

issued as early as on 21.12.2015, the 3rd respondent

has not yet complied with the direction contained in

the above order is the grievance of the petitioners.

After the issuance of Ext.P10 order, the petitioners

approached respondents 1 and 3 for implementing

the same. But the 1st respondent issued Ext.P16

order rejecting the claim of the petitioners.

Aggrieved by the same, this Writ petition is filed.

3. Heard the learned counsel appearing for

the petitioners and the learned Government Pleader.

4. This Court perused Ext.P16 order. The

District Collector considered the matter in detail and

found that, reducing the width of the waiting shed is

not possible. The District Collector also considered

the report submitted by the District Panchayat,

District Survey superintendent etc. A hearing was

also conducted before passing Ext.P16 order. I see

no reason to interfere with Ext.P16 order at this

stage invoking the powers under Article 226 of the

Constitution of India. If any civil right of the

petitioners is infringed, the petitioners are free to

approach the Civil court with appropriate

proceedings. If any civil proceedings are initiated,

the jurisdictional court will decide the same dehorse

the reason mentioned in Ext.P16.

With the above observation, this Writ petition is

disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 24.03.2014 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 29.11.2014 SUBMITTED BY THE 1ST PETITIONER.

EXHIBIT P3 TRUE COPY OF REQUEST DATED 25.11.2014.

EXHIBIT P4 TRUE COPY OF REPLY DATED 23.12.2014.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 22.12.2014 ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER. EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 10.07.2015 PASSED BY THIS HON'BLE COURT IN W.P(C) NO. 3035/2015.

EXHIBIT P7 TRUE COPY OF THE REPORT DATED 01.10.2015 SUBMITTED BY THE EXECUTIVE ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, KOTTAYAM DIVISION.

EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED 25.05.2015.

EXHIBIT P9 TRUE COPY OF THE COMMUNICATION DATED 02.11.2015 ALONG WITH THE SKETCH.

EXHIBIT P10 TRUE COPY OF THE ORDER DATED 21.12.2015 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT.

EXHIBIT P11      TRUE COPY OF THE DECISION OF THE
                 GENERAL    COMMITTEE    OF   THE    3RD
                 RESPONDENT    PANCHAYATH     HELD    ON
                 23.02.2016.
EXHIBIT P12      TRUE COPY OF THE REPORT DATED

3.003.2016 OF THE VILLAGE OFFICER, ETTUMANOOR.

EXHIBIT P13 TRUE COPY OF THE REPORT DATED 08.06.2016.

EXHIBIT P14 TRUE COPY OF THE REPORT DATED 28.09.2016.

EXHIBIT P15 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 19.04.2017 ALONG WITH THE POSTAL ACKNOWLEDGEMENT CARD.

EXHIBIT P16 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT DATED 20.06.2017.

EXHIBIT P17 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 26.07.2017.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE