Kerala High Court
Lizy Punnoose vs The Assistant Executive Engineer on 2 November, 2021
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
WP(C) NO. 22880 OF 2021
PETITIONERS:
1 LIZY PUNNOOSE,AGED 62 YEARS
W/O LATE K.A. PUNNOOSE, KOTTUCHALIL HOUSE, ERAVIPEROOR
P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT 689 542.
2 SIJO SIMON PUNNOOSE, AGED 26 YEARS
S/O LATE K.A. PUNNOOSE, KOTTUCHALIL HOUSE, ERAVIPEROOR
P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT 689 542.
3 SHERIN SUSEN PUNNOOSE,
AGED 34 YEARS
S/O LATE K.A. PUNNOOSE, KOTTUCHALIL HOUSE, ERAVIPEROOR
P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT 689 542.
BY ADVS.
N.JAMES KOSHY
T.SANJAY
RESPONDENTS:
1 THE ASSISTANT EXECUTIVE ENGINEER,
PWD ROADS SECTION,
THIRUVALLA, THIRUVALLA, P.O., PATHANAMTHITTA DISTRICT
689 542.
2 THE ASSISTANT ENGINEER,
PWD ROADS SECTION,
ERAVIPEROOR,
ERAVIPEROOR P.O. PATHANAMTHITTA DISTRICT 689 542.
3 THE PRESIDENT,
YOUTH CONGRESS LOCAL COMMITTEE, KERALA STUDENTS UNION,
ERAVIPEROOR MANDALAM COMMITTTE, ERAVIPEROOR P.O.,
PATHANAMTHITTA DISTRICT 682 542.
SMT. SURYA BINOY- SR. G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22880 OF 2021
2
JUDGMENT
The petitioners allege that an illegal construction has been made by the 3rd respondent in the road "puramboke" area, in front of their property; but that no action has been taken by any of the competent Authorities under the applicable Statutes, including the Kerala Land Conservancy Act. The petitioners, therefore, pray that the competent among the respondents be directed to take necessary action against the 3rd respondent and to remove the offending structure without any delay.
2. When this matter was called today, the learned Senior Government Pleader - Smt.Surya Binoy, submitted that the offending structure has been removed and that necessary action against the 3rd respondent has been completed. WP(C) NO. 22880 OF 2021 3
3. However, Sri.N.James Koshy - learned counsel for the petitioner submitted that, though the roof of the structure has been removed, its base - which is to mean its flooring - still remains. He, therefore, prayed that the competent Authority be directed to remove the same also.
4. When I hear the parties as afore, it is clear that the 3rd respondent has been found to have acted in contravention of every provision of law, in having made the offending structure. Obviously, therefore, it is for the respondents 1 and 2 to remove it fully and not merely its roof, at the cost of the 3rd respondent.
Resultantly, I order this writ petition and direct respondents 1 and 2 to visit the site in question and to have the entire structure, including its base and every other, within a period of two weeks from the date of WP(C) NO. 22880 OF 2021 4 receipt of a copy of this judgment.
I also leave liberty to the respondents 1 and 2 to take necessary action against the 3 rd respondent under the provisions of the applicable laws, including the Kerala Land Conservancy Act, if they are so interested; however after following due procedure and after affording him necessary opportunity of being heard.
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS/02/11/2021 WP(C) NO. 22880 OF 2021 5 APPENDIX OF WP(C) 22880/2021 PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY OF 23.50 ARES ISSUED BY THE VILLAGE OFFICER, ERAVIPEROOR DATED 20.04.2017. Exhibit P2 TRUE COPY OF THE TAX RECEIPT IN RESPECT OF THE PROPERTIES OF THE PETITIONERS UNDER THANDEPER NO. 12810 FOR THE YEAR 2020-21 ISSUED BY THE VILLAGE OFFICER, ERAVIPEROOR DATED 24.08.2020.
Exhibit P3 PHOTOGRAPHS OF THE WAITING SHED INSTALLED BY THE 3RD RESPONDENT IN THE ROAD FRONTAGE PORTION OF THE PETITIONERS PROPERTY. Exhibit P4 TRUE COPY OF THE LAYOUT PLAN OF THE PROPERTY OF THE PETITIONERS AND WAITING SHED CONSTRUCTED BY THE 3RD RESPONDENT. Exhibit P5 TRUE COPY OF THE COMPLAINT DATED 14.08.2020 SUBMITTED BY THE 3RD PETITIONER AND HER HUSBAND BEFORE THE DISTRICT COLLECTOR, PATHANAMTHITTA.
Exhibit P6 TRUE COPY OF THE APPLICATION DATED 26.08.2020 SUBMITTED BY THE HUSBAND OF THE 3RD PETITIONER UNDER RIGHT TO INFORMATION ACT BEFORE THE INFORMATION OFFICER, ERAVIPEROOR GRAMA PANCHAYATH.
Exhibit P7 TRUE COPY OF THE INFORMATION AS PER LETTER NO. A8-2893/2020 DATED 18.,9.2020 ISSUED BY THE SECRETARY OF THE ERAVIPEROOR GRAMA PANCHAYA TH TO EXHIBIT P6 APPLICATION TO THE HUSBAND OF THE 3RD PETITIONER.
Exhibit P8 TRUE COPY OF THE APPLICATION FILED UNDER RIGHT INFORMATION ACT BY THE 3RD PETITIONERS HUSBAND BEFORE THE IST RESPONDENT DATED 26.08.2020.
Exhibit P9 TRUE COPY OF THE INFORMATION ISSUED BY THE 2ND RESPONDENT AS PER LETTER NO. DBL GENERAL WP(C) NO. 22880 OF 2021 6 38/10 DATED 22.09.2020 IN REPLY TO EXHIBIT P8 APPLICATION.
Exhibit P10 TRUE COPY OF THE COMPLAINT DATED 14.09.2020 SUBMITTED BY THE IST PETITIONER BEFORE THE IST RESPONDENT.
Exhibit P11 TRUE COPY OF THE REQUEST DATED 15.09.2020 MADE BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.
Exhibit P12 TRUE COPY OF THE NOTICE DATED 14.10.2020 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.
Exhibit P13 TRUE COPY OF THE REQUEST DATED 2.11.2020 MADE BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. Exhibit P14 TRUE COPY OF THE NOTICE NO. DBI-GI-292/07 DATED 24.11.2020 ISSUED UNDER RULE 13A OF THE KERALA LAND CONSERVANCY RULES BY THE IST RESPONDENT TO THE 3RD RESPONDENT. Exhibit P15 TRUE COPY OF NOTICE DATED 21.12.2020 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. Exhibit P16 TRUE COPY OF THE WRITTEN COMPLAINT DATED 18.03.2021 SUBMITTED THE 3RD PETITIONER BEFORE THE IST RESPONDENT.
Exhibit P17 TRUE COPY OF THE REPLY DATED 22.03.2021 SENT BY THE 2ND RESPONDENT TO THE 3RD PETITIONER. Exhibit P18 TRUE COPY OF THE COMPLAINT DATED 08.09.2021 SUBMITTED BY THE 3RD PETITIONER BEFORE THE IST RESPONDENT.
Exhibit P19 TRUE COPY OF THE RULES AND REGULATIONS, FOR CONSTRUCTION OF PICK-UP BUS STOP[ PUBLISHED BY THE INDIAN ROADS CONGRESS.
Exhibit P20 TRUE COPY OF THE PAPER REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 13.10.2021