Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY,THE11H DAY OF FEBRUARY201422ND MAGHA, 1935 WP(C).No. 4101 of 2014 (K) --------------------------- PETITIONER : -------------------- SHAIJU E.N., S/O. NARAYANAN, INCHAPPILLY HOUSE, MARAMANGALAM KARA KUTTAMANGALAM VILLAGE, KUTHUKUZHI P.O., KOTHAMANGALAM. BY ADVS.SRI.C.DILIP SRI.P.N.VIJAYAN NAIR RESPONDENT(S) : ---------------------------- 1. THE ASSISTANT EXECUTIVE ENGINEER P.W.D DIVISION, KOTHAMANGALAM, PIN - 686 691.
2. THE ASSISTANT ENGINEER P.W.D OFFICE, KOTHAMANGALAM, PIN - 686 691. R1 & R2 BY SR. GOVT. PLEADER SRI. K.C. VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1102-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 4101 of 2014 (K) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS : ------------------------------------- EXHIBIT-P1- TRUE COPY OF THE SETTLEMENT DEED NO. 8282/2007 ON S.R.O KOTHAMANGALAM DATED0911/2007. EXHIBIT-P2(a)- PHOTOGRAPH SHOWING THE RESIDENTIAL HOUSE OF THE PETITIONER AND ITS ROAD ACCESS. EXHIBIT-P2(b)- PHOTOGRAPH SHOWING THE RESIDENTIAL HOUSE OF THE PETITIONER AND ITS ROAD ACCESS. EXHIBIT-P2(c)- PHOTOGRAPH SHOWING THE RESIDENTIAL HOUSE OF THE PETITIONER AND ITS ROAD ACCESS. EXHIBIT-P3- TRUE COPY OF THE REPRESENTATION DATED0702/2014 LODGED BY THE PETITIONER BEFORE THE RESPONDENTS. RESPONDENT(S)' EXHIBITS : NIL ----------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn P.R. RAMACHANDRA MENON J.
~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 4101 of 2014 ~~~~~~~~~~~~~~~~~~~~~ Dated, this the 11th day of February, 2014 JUDGMENT
The petitioner has approached this Court with the following prayers : "a) Issue a writ of mandamus or any other writ directing respondents to consider Ext. P3 representation and pass appropriate orders before taking any steps for the demolition of the ramp constructed by the petitioner from Kuthukuzhi - Adivadu road to his residential house in Sy. No. 10/13 of Kuttamangalam Village. b) to direct the respondents to abstain from any act of demolition of the ramp constructed by the petitioner from Kuthukuzhi - Adivadu road to his residential house in Sy No. 10/13 of Kuttamangalam Village until the private property are separated by proper survey measurement. c) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time.
2. The learned counsel for the petitioner submits that the petitioner will be satisfied, if a direction is given to the first respondent to consider and pass appropriate orders on Ext. P3 W.P.(C) No. 4101 of 2014 :
2. : representation preferred by the petitioner for conducting survey and fixing boundary within a reasonable time.
3. Heard the learned Government Pleader as well.
4. Considering the limited nature of relief sought for, this Court does not find it necessary to adjudicate the matter on merits. The Writ Petition is disposed of, directing the first respondent to consider and pass appropriate orders on Ext. P3 representation, in accordance with law, after giving an opportunity of hearing to the petitioner, at the earliest, at any rate, within two months from the date of receipt of a copy of this judgment. 'Status quo' regarding the demolition shall be maintained till such time. Petitioner shall produce a copy of this judgment along with copy of the writ petition before the first respondent for further steps. P. R. RAMACHANDRA MENON, (JUDGE) kmd