Jagal Prasad Vs. the Managing Director

Jagal Prasad vs The Managing Director

Type Court Judgment Court Kerala Decided Aug 01, 2014

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https://sooperkanoon.com/case/1159985

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Citation: sooperkanoon.com/1159985
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque
Decided On: Aug 01, 2014
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Jagal Prasad

Respondent

The Managing Director

Excerpt

.....property which is causing nuisance to the neighbours and also to the public. it is also stated when workers visited the spot, petitioner obstructed them to carry out necessary activities to remove the blockage. petitioner has submitted ext.p5 objection on receipt of ext.p4 before the third respondent. it seems that without considering the same third respondent sought the help of police to take necessary action. the petitioner would undertake that he will co-operate with any action to remove any blockage and also any threat that being caused on account of sewage line. however, the petitioner would submit that in the guise of removal of blockage, the petitioner's pipe line will be damaged. it is only to ensure wp(c).no.19793/2014-y. 2 that no damage will be caused to the sewage line, the petitioner raised his objection before the second respondent. having regard to the facts and circumstances of the case, there shall be a direction to the second respondent to take appropriate action on ext.p4 and to implement the same after affording an opportunity to the petitioner. this shall be done within ten days from the date of receipt of a copy of this judgment. till then no coerceive steps shall be taken against the petitioner based on ext.p4. the writ petition is disposed of as above. sd/- a.muhamed mustaque, (judge) kvs/- // true copy //

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY,THE1T DAY OF AUGUST201410TH SRAVANA, 1936 WP(C).No. 19793 of 2014 (Y) ---------------------------- PETITIONER : -------------------- JAGAL PRASAD AGED73YEARS, S/O. V.K. PANICKER RESIDING AT PANICKERS MNRA-5, MALLOOR NAGAR VELLAYAMBALAM THIRUVANANTHAPURAM-695 010. BY ADV. SRI.B.HARISH KUMAR RESPONDENT(S) : ---------------------------- 1. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALABHAVAN THIRUVANANTHAPURAM - 695 033.

2. THE EXECUTIVE ENGINEER DRAINAGE DIVISION, KERALA WATER AUTHORITY PATTOOR, THIRUVANANTHAPURAM - 695 035.

3. THE ASSISTANT EXECUTIVE ENGINEER SEWERAGE SUB DIVISION (NORTH) KERALA WATER AUTHORITY PATTOOR, THIRUVANANTHAPURAM - 695 035.

4. THE ASSISTANT ENGINEER SEWERAGE SECTION, KERALA WATER AUTHORITY SASTHAMANGALAM, THIRUVANANTHAPURAM - 695 010. R1 TO R4 BY ADV. SRI.JOSEPH JOHN, SC, KERALA WATER AUTHORITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0108-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 19793 of 2014 (Y) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : COPY OF THE BUILDING PERMIT DATED63-91 ISSUED BY THE CORPORATION. EXT.P2 COPY OF THE SKETCH OF THE PETITIONER'S PROPERTY ALONG WITH MANHOLE, SLIT MANHOLE AND MAIN MANHOLE OF OLD PRIVATE SEWERAGE LINE. EXT.P3 COPY OF THE JUDGMENT

DATED127/04 IN WP(C) NO. 15259/2004 PASSED BY THIS HON'BLE COURT. EXT.P4 COPY OF THE PROCEEDING NO. DBI-203/2014 DATED NIL PASSED BY THE THIRD RESPONDENT. EXT.P5 COPY OF THE REPLY DATED247/2014 SUBMITTED BY THE PETITIONER BEFORE THE3D RESPONDENT. EXT.P6 COPY OF THE COMPLAINT DATED257/2014 SUBMITTED BY THE THIRD RESPONDENT. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn A.MUHAMED MUSTAQUE, J.

= = = = = = = = = = = = = WP(C).No.19793 of 2014-Y. = = = = = = = = = = = = = Dated this the 1st day of August, 2014.

JUDGMENT

Ext.P4 is a notice issued to the petitioner by the third respondent alleging on account of blockage of old sewage pipe line in petitioner's property which is causing nuisance to the neighbours and also to the public. It is also stated when workers visited the spot, petitioner obstructed them to carry out necessary activities to remove the blockage. Petitioner has submitted Ext.P5 objection on receipt of Ext.P4 before the third respondent. It seems that without considering the same third respondent sought the help of police to take necessary action. The petitioner would undertake that he will co-operate with any action to remove any blockage and also any threat that being caused on account of sewage line. However, the petitioner would submit that in the guise of removal of blockage, the petitioner's pipe line will be damaged. It is only to ensure WP(C).No.19793/2014-Y. 2 that no damage will be caused to the sewage line, the petitioner raised his objection before the second respondent. Having regard to the facts and circumstances of the case, there shall be a direction to the second respondent to take appropriate action on Ext.P4 and to implement the same after affording an opportunity to the petitioner. This shall be done within ten days from the date of receipt of a copy of this judgment. Till then no coerceive steps shall be taken against the petitioner based on Ext.P4. The writ petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE, (Judge) Kvs/- // true copy //

Same Court & Year Kerala · 2014 Same Parties Jagal Prasad vs The Managing Director Same Subject Land Acquisition Same Judge Honourable Mr. Justice a.Muhamed Mustaque