Kerala High Court
Abdul Majeed K.K vs Executive Engineer on 27 March, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 27TH DAY OF MARCH 2024/7TH CHAITHRA, 1946
WP(C) NO. 12647 OF 2024
PETITIONER:
ABDUL MAJEED K.K
AGED 57 YEARS, S/O PAVIR HAJI ,
MANIMUNDA HOUSE, KOODATHAYI BAZAR P.O ,
THAMARASSERY, PIN - 673 573.
BY ADVS.
SASI M.R.
N.P.SILPA
DHARMYA M.S
KAVYA KRISHNAN
S.SAJIT SANAL
ARYA VALSAN
MOHAMMED NAGUIB P.R.
RESPONDENTS:
1 EXECUTIVE ENGINEER
PWD ROAD DIVISION CIVIL STATION
KOZHIKODE, PIN - 673 020.
2 ASSISTANT EXECUTIVE ENGINEER
PWD ROAD DIVISION KODUVALLY,
PIN - 673 572.
3 ASSISTANT ENGINER
PWD ROAD DIVISION THAMARASSERY,
PIN - 673 573.
BY ADV
VIDYA KURIAKOSE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.12647 of 2024
:2:
JUDGMENT
Dated this the 27th day of March, 2024
Admit. Government Pleader takes notice for the
respondents.
2. The complaint of the petitioner is that the property
has been affected by removal of earth from the front portion of
his building. He has submitted Ext.P14 before the 3rd
respondent and seeks an early disposal of the same.
In view of the limited prayer made, the writ petition
is disposed of directing the 3rd respondent to consider and pass
orders on Ext.P14 after hearing the petitioner at the earliest, at
any rate within a period of three weeks from the date of receipt
of the copy of the judgment.
Sd/-
T.R RAVI
JUDGE
AMR
APPENDIX OF WP(C) 12647/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF STANDING DISABILITY
ASSESSMENT BOARD CERTIFICATE NO. G1-
3452/2011 DATED 26/07/2011 ISSUED FROM
GOVERNMENT GENERAL HOSPITAL,
KOZHIKODE.
Exhibit P1(a) A TRUE COPY OF THE CONCESSION
CERTIFICATE DATED 24/03/2021 FOR
PERSONS WITH DISABILITIES (DIVYANGAIN)
ISSUED FROM GENERAL HOSPITAL,
KOZHIKODE.
Exhibit P1(b) A TRUE COPY OF THE UNIQUE DISABILITY
ID CARD DATED 28/02/2022 ISSUED BY THE
DMO OFFICE, KOZHIKODE.
Exhibit P2 A TRUE COPY OF SALE DEED NUMBER 3498
DATED 18/10/2004 OF SUB-REGISTRY,
BALUSSERY.
Exhibit P3 A TRUE COPY OF THE LAND TAX RECEIPT
NO. KL11041501995/2023 DATED
05/04/2023 ISSUED BY THE VILLAGE
OFFICER, RAROTH VILLAGE.
Exhibit P4 A TRUE COPY OF POSSESSION CERTIFICATE
NO. 83971289 DATED 4/3/2024 IN FORM
12C ISSUED TO THE PETITIONER IN
RESPECT OF 0.0410 HECTRE OF LAND.
Exhibit P5 A TRUE COPY OF THE OWNERSHIP
CERTIFICATE NUMBER 5105301/1500/2023
DATED 28/12/2023, ISSUED FROM
THAMARASSERY GRAMA PANCHAYAT.
Exhibit P5(a) A TRUE COPY OF THE OWNERSHIP
CERTIFICATE NUMBER 5105301/1415/2023
DATED 07/12/2023 IN RESPECT OF
BUILDING BEARING NUMBER 337/B ISSUED
FROM THAMARASSERY GRAMA PANCHAYAT.
Exhibit P5(b) A TRUE COPY OF THE OWNERSHIP
CERTIFICATE NO. 5105301/1417/2023
DATED 07/12/2023 IN RESPECT OF
BUILDING BEARING NUMBER 337/C.
Exhibit P5(c) A TRUE COPY OF OWNERSHIP CERTIFICATE
NO. 5105301/1418/2023 DATED 07/12/2023
ISSUED IN RESPECT OF BUILDING NUMBER
337/D, ISSUED FROM THAMARASSERY GRAMA
PANCHAYAT.
Exhibit P5(d) A TRUE COPY OF THE PAYMENT RECEIPT NO.
21845531596 DATED 15-1-2024 FOR ₹ 578.
Exhibit P6 TRUE COPIES OF THE PHOTOS OF THE
BUILDING PREMISES.
Exhibit P7 A TRUE COPY NOTICE SHOWING
INAUGURATION OF THALAYAD RUBBERS.
Exhibit P8 A TRUE COPY OF THE REPRESENTATION
DATED 31/01/2024 GIVEN TO THE
HONOURABLE MINISTER FOR PUBLIC WORKS,
KERALA.
Exhibit P9 A TRUE COPY OF THE REPRESENTATION
GIVEN BY HIM TO THE DISTRICT LEGAL
SERVICE AUTHORITY DATED 31/01/2024.
Exhibit P10 A TRUE COPY OF THE LETTER DATED
06/02/2024 SENT BY THE PETITIONER TO
THE ASSISTANT ENGINEER, PWD ROADS
DIVISION, THAMARASSERY.
Exhibit P11 A TRUE COPY OF THE APPLICATION DATED
5/2/2024 UNDER THE PROVISIONS OF RIGHT
TO INFORMATION ACT.
Exhibit P11(a) A TRUE COPY OF THE REPLY TO EXHIBIT
P11 VIDE LETTER NUMBER
ARD-SNOTMSY/3/2024-C1-PWD DATED
02/03/2024.
Exhibit P12 TRUE COPIES OF PHOTOGRAPHS OF SUCH
PROPERTY ON EITHER SIDE OF THE ROAD.
Exhibit P13 A TRUE COPY OF LETTER NO.
AE/TSY/GN/2024 DATED 22/02/2024 OF
ASSISTANT ENGINEER, KERALA PWD
DEPARTMENT ROADS DIVISION,
THAMARASSERY.
Exhibit P14 A TRUE COPY OF LETTER TO ASSISTANT
ENGINEER, KERALA PWD DEPARTMENT ROADS
DIVISION, THAMARASSERY DATED
26.02.2024.
Exhibit P14 (a) A TRUE COPY OF SITE PLAN AND ACCESS
WAY LOCATION PLAN.
