Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE10H DAY OF JUNE201420TH JYAISHTA, 1936 WP(C).No. 14076 of 2014 (H) ---------------------------- PETITIONER(S): -------------- 1. ANOOP THOMAS, THOTTATHIL HOUSE, PADAMUGHAM.P.O., MURICKASSERY, IDUKKI DISTRICT, PIN-685604.
2. THOMAS PHILIP, THOTTATHIL HOUSE, PADAMUGHAM.P.O, MURICKASSERY, IDUKKI, PIN-685604. BY ADV. SRI.K.C.JOSEPH RESPONDENT(S): -------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE CHIEF ENGINEER, P.W.D.ROADS AND BRIDGES DIVISION, THIRUVANANTHAPURAM, PIN-695001.
3. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROAD DIVISION, PAINAVU, IDUKKI DISTRICT-685603.
4. THE REVENUE DIVISIONAL OFFICER, DEVIKULAM, IDUKKI DISTRICT-685602.
5. THE VILLAGE OFFICER, VATHIKUDY VILLAGE, MURICKASSERY.P.O, PIN-685604. BY SENIOR GOVERNMENT PLEADER SRI.K.C.VINCENT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1006-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rvs/ WP(C).No. 14076 of 2014 (H) APPENDIX PETITIONER(S)' EXHIBITS : ------------------------ EXT.P1 COPY OF COVERING LETTER NO.20486/C.M.P.G.R.C/S.K/2013/GAD DATED182-2014,ENCLOSED A COPY OF REPORT NO.C.E./R AND B/IDK/11740/13/SK DATED201-2014 OF THE CHIEF ENGINEER P.W.D. EXT.P2 COPY OF THE REPRESENTATION DATED263-2014 ADDRESSED TO THE GOVERNMENT OF KERALA REPRESENTED BY THE SECRETARY,P.W.D. EXT.P3 COPY OF THE PHOTOGRAPH TAKEN ON THE SITE WHICH EVIDENCES THE GRAVITY OF THE SITUATION AND THE IMPACT OF LAND SLIDING AND THE PRESENT DANGEROUS POSITION OF THE HOUSE OF PETITIONERS SITUATED2025 FEET HEIGHT FROM THE ROAD EXT.P4 COPY OF THE PETITION FILED BY THE PETITIONERS BEFORE THE REVENUE DIVISIONAL OFFICER,DEVIKULAM ON205-2014 EXT.P5 COPY OF THE LETTER NO.341/14 DATED285/2014 OF THE VILLAGE OFFICER,VATHIKUDY,ADDRESSED TO THE REVENUE DIVISIONAL OFFICER,DEVIKULAM. RESPONDENT(S)' EXHIBITS ------------------------- NIL. /true copy/ P.A.TO JUDGE rvs/ A.M. Shaffique, J.
=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-= W.P(C) No. 14076 of 2014 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= Dated this, the 10th day of June, 2014.
JUDGMENT
Petitioners have approached this Court seeking for a direction to respondents 1 to 3 to implement its commitment as evidenced by Ext. P1, ie, to construct a retaining wall on the side of the petitioners' land lying on the side of Murickassery Police Station Padi-Kuttivelipadi. According to the petitioners, they are owners in possession of 15 cents of land lying by the side of the aforesaid road which they have purchased in 2009. While widening the PWD road mentioned above, according to the petitioners, about three cents of land was taken over by the PWD without giving any compensation. However, they were assured that PWD will construct a retaining wall as major portion of courtyard was taken over and the distance between the house building and edge of the road is reduced to 3 feet. On account of the earth excavation work for widening and levelling the road, the land and building of the petitioners now at a height of 20-25 feet from the road and therefore there is every chance of land sliding, unless compound wall is constructed. According to the petitioners, this aspect of the matter was considered and Ext. P1 direction was issued by the Chief Engineer, PWD that they will consider construction of necessary retaining wall at the W.P(C) No. 14076 of 2014 -:
2. :- time when works are being carried out in the area.
2. Ext.P1 communication is seen issued to the Under Secretary on 20.1.2014, which was forwarded by the Deputy Secretary to the petitioners on 18.2.2014. Though the petitioners complained about the inaction on the part of the respondent authorities, no action has been taken by them so far. Petitioners are also relying upon Ext. P5 certificate issued by the Village Officer indicating that such construction is required in the said area.
3. The learned Government Pleader, on instructions, would submit that the 3rd respondent has not been informed about any such requirement by respondents 1 and 2.
4. According to the learned counsel for the petitioners, road works are proceeding as of now, but no action is taken by the respondent authorities to construct the retaining wall as suggested by them in Ext. P1.
5. In Ext. P1 communication dated 20.1.2014, it is indicated that on the request of Sri. Thomas, when construction is going in the said area, they will consider construction of a retaining wall. The learned Government Pleader would submit that such requirement need be satisfied by the respondent W.P(C) No. 14076 of 2014 -:
3. :- authority only if any land belonging to the petitioners is taken for the purpose of widening the road. Whatever that may be, this is an issue which has to be considered properly by respondents 2 and 3, after taking into account the factual situation involved in the matter.
6. In the said circumstances, this writ petition is disposed of as under: Respondents 2 and 3 shall consider the claim of the petitioners and pass appropriate orders within a period of one month from the date of receipt of a copy of this judgment. The petitioners shall submit their request along with copy of this judgment to the 2nd respondent within one week from today. Sd/- A.M. Shaffique, Judge. Tds/