Devi Gopakumar vs State Of Kerala
2024 Latest Caselaw 16789 Ker

Kerala High Court

Devi Gopakumar vs State Of Kerala on 12 June, 2024

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
      WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                           WP(C) NO. 5816 OF 2021
PETITIONER:

              DEVI GOPAKUMAR, AGED 43 YEARS
              D/O.GOPUKUMARAN NAIR,NOW RESIDING AT
              TC.30/2513,GOKUL,VAZHUTHAKKAD, GANAPATHY
              TEMPLE,VAZHUTHAKKADU, THIRUVANANTHAPURAM
              DISTRICT,KERALA,PIN-695014.
              BY ADV V.K.HEMA

RESPONDENTS:

      1         STATE OF KERALA
                REPRESENTED BY ITS CHIEF SECRETARY,
                SECRETARIAT,THIRUVANANTHAPURAM, PIN-695001.
      2         THE SECRETARY TO GOVERNMENT,
                PUBLIC WORKS DEPARTMENT(PWD),
                SECRETARIAT,THIRUVANANTHAPURAM, PIN-695001.
      3         THE CHIEF ENGINEER,
                PWD OFFICE OF THE CHIEF ENGINEER, PUBLIC OFFICE
                MUSEUM,THIRUVANANTHAPURAM-695003.
      4         POTHENCODE GRAMA PANCHAYATH,
                REPRESENTED BY ITS SECRETARY,POTHENCODE GRAMA
                PANCHAYATH,THIRUVANANTHAPURAM,PIN-695004.
      5         ASSISTANT ENGINEER,
                POTHENCODU GRAMA PANCHAYATH,THIRUVANANTHAPURAM,
                PIN-695004.
      6         DISTRICT COLLECTOR,
                THIRUVANANTHAPURAM DISTRICT,2ND FLOOR,
                CIVIL STATION BUILDING,CIVIL STATION ROAD,
                THIRUVANANTHAPURAM-695043.
      7         SECRETARY TO THE GOVERNMENT OF KERALA,
                DEPARTMENT OF LOCAL SELF INSTITUTIONS,
                SECRETARIAT,THIRUVANANTHAPURAM-695001.
      8         KERALA ROAD FUND BOARD,
                REPRESENTED BY ITS CHAIRMAN,TC.4/1654,
                MAYOORAM,BELHAVEN GARDENS,KOWDIYAR.P.O,
                THIRUVANANTHAPURAM, PIN-695003.
              BY ADV J.JAYAKUMAR

     THIS     WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
12.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No. 5816 of 2021

                                   2


                     M .A. ABDUL HAKHIM, J
                     --------- ---------
                     WP(C) No. 5816 of 2021
                     ----- -- ----------
                   Dated this the 12th June, 2024

                             JUDGMENT

The petitioners filed this writ petition seeking a direction to

the respondents to stop all further constructions on the side of the

public road in front of the petitioners property shown in Ext.P3

sketch. At the time of admission of this writ petition, this Court

had stayed all further constructions of the building proposed by

the respondents . The learned Counsel for the 4th respondent

submitted that on account of the pendency of this writ petition

and the interim order, the 4th respondent has shifted the

construction proposed by it under the project "take a break" of the

Government and as such there is no subsisting proposal to make

any construction in front of the petitioners property. Hence this

writ petition is disposed of recording the above submission and

giving liberty to the petitioners to agitate the matter again in

future if the said land is required.

Ordered accordingly.

Sd/-

M.A. ABDUL HAKHIM, JUDGE

jma

APPENDIX OF WP(C) 5816/2021

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF SETTLEMENT DEED NO.3664/1982 DATED 29.10.1982 EXHIBIT P2 THE TRUE COPY OF THE BASIC TAX RECEIPT NO.KL01010906096/2020 DATED 14.11.2020 EXHIBIT P3 ROUGH SKETCH SHOWING THE LIE OF THE ROAD AND PROPERTY EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER DATED 31.05.2017 IN WP(C)NO.36227/2016 EXHIBIT P5(A) PHOTOGRAPH DEPECTING THE DAMAGE CAUSED EXHIBIT P5(B) PHOTOGRAPH DEPECTING THE DAMAGE CAUSED EXHIBIT P6 THE TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER TO POTHENCODE GRAMA PANCHAYATH ON 12.12.2021 EXHIBIT P7 THE TRUE COPY OF THE APPLICATION DATED 12.02.2021 UNDER THE RTI ACT.

EXHIBIT P8 THE TRUE COPY OF THE REPLY GIVEN BY THE ASSISTANT ENGINEER,POTHENCODU GRAMA PANCHAYATH TO THE PETITIONER ON 20.02.2021.