Kerala High Court
Stephan vs State Of Kerala on 11 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) NO. 31525 OF 2024
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2024:KER:69561
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
WP(C) NO. 31525 OF 2024
PETITIONER:
STEPHAN,
AGED 64 YEARS
S/O.THARIYATH, EDATTUKARAN HOUSE, KALLETTUMKARA DESOM,
KALLETTUMKARA P.O, CHALAKUDY TALUK, THRISSUR DISTRICT,
PIN - 680683
BY ADVS.
N.L.BITTO
MITHUL T ANTO
RESPONDENTS:
1 STATE OF KERALA
REP. BY THE SECRETARY TO THE GOVT., PUBLIC WORKS
DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN
- 695001
2 DISTRICT COLLECTOR,
THRISSUR DISTRICT, COLLECTORATE, AYYANTHOLE P.O.,
THRISSUR DISTRICT, PIN - 680003
3 ASSISTANT ENGINEER,
PWD DEPARTMENT, ROAD SECTION, IRINJALAKKUDA, THRISSUR
DISTRICT, PIN - 680121
4 ALOOR GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, KALLETTUMKARA P.O,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680684
5 HEALTH INSPECTOR,
PRIMARY HEALTH CENTRE, ALOOR, THRISSUR DISTRICT, PIN -
680683
WP(C) NO. 31525 OF 2024
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BY ADV PHILIP T.VARGHESE
SRI.S. GOPINATHAN -SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 31525 OF 2024
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JUDGMENT
Dated this the 11th day of September, 2024 The present Writ Petition has been filed impugning Ext.P2 notice for demolition of the shed allegedly constructed by encroaching the PWD road on the edge of Kallettumkara over bridge in Potta- Moonupeedika road. The petitioner is allegedly conducting the fish stall on the road as mentioned above by encroaching the public road. The road where the petitioner is conducting the fish stall is not a market and it is causing lot of inconvenience and nuisance to the general public, besides being prone to accidents. It is further submitted that there is a foul smell and fish waste and water is accumulated there, and hence it is a host of mosquito and house flies. Since vehicles are parked over there, there exists a chance for accidents as well. This shed has been constructed without the permission from the PWD and therefore, same is to be demolished as per the impugned notice within a period of seven days. The petitioner had not replied to the said notice.
WP(C) NO. 31525 OF 2024 4 2024:KER:69561
2. The petitioner has not produced any documents authorizing him to construct the shed to put up the stall for selling fish.
The petitioner has encroached upon the public road and has unauthorizedly constructed the said fish stall. A violator of the law cannot come before this Court seeking the public law remedy to protect him from removal of encroachment of the public road. Therefore, I find no ground to interfere in the present writ petition. Thus, the present writ petition is hereby dismissed.
Sd/-
DINESH KUMAR SINGH JUDGE AP WP(C) NO. 31525 OF 2024 5 2024:KER:69561 APPENDIX OF WP(C) 31525/2024 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE FOOD SAFETY STANDARDS AUTHORITY OF INDIA LICENSE ISSUED TO THE PETITIONER DATED 07/09/2021 Exhibit-P2 A TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 29/08/2024 WITH TRANSLATION Exhibit-P3 A TRUE COPY OF THE NOTICE ISSUED BY THE 5TH RESPONDENT DATED 30/08/2024 WITH TRANSLATION Exhibit-P4 A TRUE COPY OF THE FITNESS CERTIFICATE ISSUED FROM THE PRIMARY HEALTH CENTER ALOOR DATED 31/8/2024 Exhibit-P5 A TRUE COPY OF THE MEDICAL RECORDS FROM ADLUX HOSPITAL AT KARUKUTTY DATED 18/06/2024