Kerala High Court
Dr.Jojo Enas vs Konni Grama Panchayat on 18 January, 2019
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 18TH DAY OF JANUARY 2019 / 28TH POUSHA, 1940
WP(C).No. 21092 of 2018
PETITIONER/S:
DR.JOJO ENAS,
CHOTHIRAKUNNEL HOUSE, KONNI P.O., PIN- 689
691,PATHANAMTHITTA DISTRICT.
BY ADVS.
SRI.JACOB P.ALEX
SRI.JOSEPH P.ALEX
RESPONDENT/S:
1 KONNI GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, KONNI P.O.,
PATHANAMTHITTA DISTRICT, PIN- 689 691.
2 SECRETARY,
KONNI GRAMA PANCHAYAT, KONNI P.O.,
PATHANAMTHITTA DISTRICT, PIN- 689 691.
3 KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC),
REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT
BHAVAN, EAST FORT,
,THIRUVANANTHAPURAM, PIN- 695 023.
4 STATION MASTER
KSRTC, KONNI DEPOT, KONNI P.O., PATHANAMTHITTA
DISTRICT, PIN- 689 691.
*5 ADDL.R5 THE ORIENTAL INSURANCE COMPANY LTD
ROHINI BUILDING, THAKARAPPARAMBU ROAD, PAZHAVANGADI,
THIRUVANANTHAPURAM, PIN-685023.
*(ADDL.R5 IS IMPLEADED AS PER ORDER DATED 05/10/2018
IN IA.02/2018)
R1 & R2 BY ADVS.
SRI.SUNIL JACOB JOSE
SRI.GEORGE CHERIAN (SR.)
R3 & R4 BY SRI.P.C.CHACKO, SC, KERALA STATE ROAD
WP(C).No. 21092 of 2018 2
TRANSPORT CORPN.
ADDL.R5 BY ADVS.
SMT.K.S.SANTHI
SMT.LATHA SUSAN CHERIAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 21092 of 2018 3
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:-
"a. direct the respondents 1 and 2 to remove the debris and other waste materials from the property of petitioners that formed consequent to the collapse of the compound wall on 15.06.2018 pending disposal of the above WPC;
b. direct the 1st respondent to immediately reconstruct the collapsed portion of the compound wall between the public bus stand (KSRTC Operating Station, Konni) and the residential house property of the petitioner pending disposal of the above WPC;"
2. The grievance of the petitioner is that, a compound wall maintained by the Konni Grama Panchayat in and around the bus stand operated by the KSRTC, belonging to the Panchayat, is damaged consequent to an accident, however, no action is being initiated to reconstruct the wall either by the Panchayat or by KSRTC, which is causing serious prejudice since the petitioner is residing in the property abutting the KSRTC bus stand. It is also pointed out that the debris lying in the property of the petitioner WP(C).No. 21092 of 2018 4 consequent to the accident is also not being removed in spite of the earnest efforts by the petitioner.
3. I have heard learned counsel for the petitioner, learned Standing Counsel for the Panchayat, learned Standing Counsel for the KSRTC as well as the counsel appearing for the Insurance Company.
4. Learned counsel for the KSRTC submitted that, the accident occurred due to the KSRTC bus is disputed. Even though, there is a claim on account of the insurance available to the bus in question, nobody has raised any claim before the appropriate statutory forum.
5. Learned counsel for the insurance company also submitted that, there is no claim raised by anyone with regard to the accident and unless and until, the damages are proved, the insurance company is not liable to pay any amount towards the damages.
6. Learned counsel for the Grama Panchayat submitted that, Panchayat is prepared to carry out the construction, however, in order to comply with the procedures, Panchayat requires more time.
7. Taking into account the said aspects and evaluating the situation, this writ petition is disposed of, granting three months time to the WP(C).No. 21092 of 2018 5 respondents 1 and 2 to construct the compound wall damaged, evident from Ext.P2 series of photographs, at the earliest and at any rate, within three months from the date of receipt of a copy of this judgment.
8. I make it clear that the Panchayat will also be at liberty to raise appropriate claim to indemnify the cost of construction carried out by the Panchayat or such other damages against the KSRTC and the insurance company. It is also made clear that, all questions of law and facts if any raised with respect to the accident and all other issues will remain left open to be considered by appropriately constituted forum, while considering any application for indemnification filed by the Panchayat.
The writ petition is disposed of accordingly.
Sd/-
SHAJI P.CHALY JUDGE uu 18.01.2019 WP(C).No. 21092 of 2018 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1: TRUE COPY OF THE EXTRACT OF THE DECISION DATED 27.02.2013 OF THE PANCHAYAT COMMITTEE.
EXHIBIT P2 SERI TRUE PHOTOGRAPHS (2NOS) OF THE DEMOLISHED COMPOUND WALL.
EXHIBIT P3: TRUE COPY OF THE NEWS REPORT PUBLISHED ON 17.06.2018 IN THE MALAYALA MANORAMA DAILY.
EXHIBIT P4: TRUE COPY OF THE REPRESENTATION DATED 16.06.2018 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P5: TRUE COPY OF THE REPRESENTATION DATED 17.06.2018 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE ORDER BEARING NO.A1
-5175/18 DATED 28.06.2018 ISSUED BY THE 2ND RESPONDENT RESPONDENT'S EXHIBITS:-
EXHIBIT R2(a) TRUE COPY OF THE INSURANCE CERTIFICATE ISSUED DATED 25.06.2018 ISSUED BY ORIENTAL INSURANCE COMPANY //TRUE COPY// P.A. TO JUDGE