Sarojini Amma C vs The Executive Engineer
2024 Latest Caselaw 14443 Ker

Kerala High Court

Sarojini Amma C vs The Executive Engineer on 31 May, 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
     FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                      WP(C) NO. 37575 OF 2016
PETITIONER:

             SAROJINI AMMA C.
             W/O LATE PANKAJAKSHAN PILLAI, AGED 66 YEARS,
             CHARUTHA HOUSE, ANAYARA NAGAR, ANAYARA P.O.,
             THIRUVANANTHAPURAM-695029.
             BY ADVS.K. SASIDHARAN NAIR
             SRI.DEEPU LAL MOHAN
             SMT.S.LEENA
             SRI.K.S.PRENJITH KUMAR

RESPONDENTS:

     1       THE EXECUTIVE ENGINEER
             PUBLIC WORKS DEPARTMENT, ROADS DIVISION,
             KOLLAM-691001.
     2       THE ASSISTANT EXECUTIVE ENGINEER
             PUBLIC WORKS DEPARTMENT, ROADS SUB DIVISION,
             KARUNAGAPPALLY-690544.
     3       THE ASSISTANT ENGINEER
             PUBLIC WORKS DEPARTMENT, ROADS SECTION,
             SASTHAMCOTTA-690521.
     4       THE TAHSILDAR
             KUNNATHUR TALUK OFFICE, MINI CIVIL
             STATION,SASTHAMCOTTA-690521.
     5       SHAJAHAN
             S/O ABDUL KHADER, CHANKOORATHIL HOUSE,
             VENGA P.O., SASTHAMCOTTA, KOLLAM-690521. [DELETED]
             [NAME OF R5 IS DELETED FROM THE PARTY ARRAY AND
             SUBSTITUTED AS FOLLOWS,
             'SHRI.ABDULKHADER SIDDIQU, RESIDING AT
             CHANKOORATHIL HOUSE, VENGA P.O., SASTHAMCOTTA,
             KOLLAM-690521'. R5 IS DELETED AND SUBSTITUTED AS
             PER ORDER DATED 01/02/2017 IN IA.634/2017.]
             BY ADV SRI.BIJU .C. ABRAHAM
             SRI.RIYAL DEVASSY, GP
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   31.05.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.37575/2016

                                    2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.37575 of 2016
             ----------------------------------------------
            Dated this the 31st day of May, 2024


                                JUDGMENT

This writ petition is filed with following prayers:

i. To issue a Writ of Mandamus or other appropriate writ, order or direction directing Respondents 1 to 4 to remove the encroachment done by the 5 th Respondent in front of the Petitioner's property in Survey No. 598/12 in South Block No. 10, Mynagappilli Village, Kunnathur Taluka Kollam District facing Shankaramangalam Sasthamcotta PWD (Public Works Department) Road in accordance with law and within a time frame to be fixed by this Hon'ble Court.

ii. To issue such other and further reliefs as may be prayed for from time to time.

(SIC)

2. The main grievance is against the inaction from

respondents 1 to 3 to remove encroachment upon PWD Road

margin. This writ petition is pending before this Court from

2016 onwards.

3. If there is any surviving grievance to the petitioner

regarding the same, she can approach the the competent

authority among the respondents with appropriate

representation and if such a representation is received, the

competent authority will do the needful in accordance with

law.

With the above observation, this writ petition is disposed of.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE

APPENDIX OF WP(C) 37575/2016

PETITIONER EXHIBITS EXHIBIT P1: THE PHOTOGRAPH OF THE PETITIONERS PROPERTY IN QUESTION AND THE TEMPORARY SHED CONSTRUCTED BY THE 5TH RESPONDENT.

EXHIBIT P2: THE PHOTOCOPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.

EXHIBIT P3:       THE PHOTOCOPY OF LETTER NO.S.S.137/12
                  DATED    7.6.2016    ISSUED    TO    THE

PETITIONER BY THE 3RD RESPONDENT. EXHIBIT P4: THE PHOTOCOPY OF LETTER NO.S.S.140/12 DATED 25.4.2016 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.