K.K. Johnson vs Assistant Executive Engineer Pwd (Roads Subdivision) Punalur

Type Court Judgment Court Kerala Decided Mar 22, 2024

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Citation: sooperkanoon.com/1318835
Court: Kerala High Court
Judge: Honourable the Chief Justice Mr. a.J.Desai,Honourable Mr.Justice V.G.Arun
Decided On: Mar 22, 2024
Case Number: WP(C)/11962/2024

Parties & Advocates

Appellant / Petitioner

K.K. Johnson

Respondent

Assistant Executive Engineer Pwd (Roads Subdivision) Punalur

Excerpt

.....in the nature of public interest, the petitioner has alleged that the private respondents in the present petition have put up some illegal construction. that, in spite of issuing exts. p3 and p6 notices, no action is being taken by respondents 1 and 2. having heard the learned advocates appearing for the respective parties, we dispose of this writ petition directing respondents 1 and 2 to implement the orders passed by the authority, strictly in accordance with law. pending interlocutory applications, if any, shall stand closed. a. j. desai chief justice v. g. arun judge eb -4- appendix of wp(c) 11962/2024 petitioner exhibits exhibit1 p1 a true copy of the photographs depicting the road construction and the unauthorized construction by respondents 4 and 5 exhibit p2 a true copy of the letter of acceptance pertaining to the development work of alancherry onthpacha road exhibit p3 a true copy of the order dated 17-10- 2023 issued by the 1st respondent to the 5th respondent vide number ab3/2022 exhibit p4 a true copy of the application submitted by reji jacob dated 28-11-2023 under the right to information act exhibit p5 a true copy of the reply issued by the 2nd respondent dated 19-12-2023, vide number d.3-6147/23 exhibit p6 a true copy of the notice issued to the 4th respondent dated 17-10-2023, vide number ab3/2022

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 22ND DAY OF MARCH 2024 / 2ND CHAITHRA, 1946 WP(C) NO. 11962 OF 2024 PETITIONER/S: K.K. JOHNSON AGED 62 YEARS S/O KUNJUKUNJU, KOCHU PUTHEN BUNGLOW, ALAYAMON P.O, KOLLAM, PIN - 691306 BY ADV P.E.SAJAL RESPONDENT/S:
1 ASSISTANT EXECUTIVE ENGINEER PWD (ROADS SUBDIVISION) PUNALUR PUNALUR, KOLLAM, PIN - 691331 2 TAHASILDAR (LR) TALUK OFFICE PUNALUR, KOLLAM, PIN - 691305 3 ALAYAMON GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, CHANNAPETTA, ALAYAMON, KOLLAM, PIN - 691311 4 ST. MARY'S ORTHODOX CHURCH REPRESENTED BY ITS TRUSTEE, ALANCHERRY, ALAYAMON, KARUKONE P.O, KOLLAM, PIN - 691306 5 MATHEW PUNNALATHU HOUSE, ALANCHERRY, YEROOR P.O, KOLLAM, PIN - 691312
OTHER PRESENT: SPL.GP.S.RENJITH -2- THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -3-

JUDGMENT

Dated this the 22nd day of March, 2024 A. J. Desai, C. J. By way of the present writ petition in the nature of public interest, the petitioner has alleged that the private respondents in the present petition have put up some illegal construction. That, in spite of issuing Exts. P3 and P6 notices, no action is being taken by respondents 1 and 2. Having heard the learned Advocates appearing for the respective parties, we dispose of this writ petition directing respondents 1 and 2 to implement the orders passed by the authority, strictly in accordance with law. Pending Interlocutory Applications, if any, shall stand closed. A. J. DESAI CHIEF JUSTICE V. G. ARUN JUDGE Eb -4- APPENDIX OF WP(C) 11962/2024 PETITIONER EXHIBITS EXHIBIT1 P1 A TRUE COPY OF THE PHOTOGRAPHS DEPICTING THE ROAD CONSTRUCTION AND THE UNAUTHORIZED CONSTRUCTION BY RESPONDENTS 4 AND 5 EXHIBIT P2 A TRUE COPY OF THE LETTER OF ACCEPTANCE PERTAINING TO THE DEVELOPMENT WORK OF ALANCHERRY ONTHPACHA ROAD EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 17-10- 2023 ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT VIDE NUMBER AB3/2022 EXHIBIT P4 A TRUE COPY OF THE APPLICATION SUBMITTED BY REJI JACOB DATED 28-11-2023 UNDER THE RIGHT TO INFORMATION ACT EXHIBIT P5 A TRUE COPY OF THE REPLY ISSUED BY THE 2ND RESPONDENT DATED 19-12-2023, VIDE NUMBER D.3-6147/23 EXHIBIT P6 A TRUE COPY OF THE NOTICE ISSUED TO THE 4TH RESPONDENT DATED 17-10-2023, VIDE NUMBER AB3/2022

Same Court & Year Kerala · 2024 Same Parties K.K. Johnson vs Assistant Executive Engineer Pwd (Roads Subdi... Same Judge Honourable the Chief Justice Mr. a.J.Desai,Honourable Mr.Just...