B.Anilkumar vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 27, 2023

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Citation: sooperkanoon.com/1331359
Court: Kerala High Court
Judge: Honourable Mr. Justice Shaji P.Chaly
Decided On: Feb 27, 2023
Case Number: WP(C)/877/2023

Parties & Advocates

Appellant / Petitioner

B.Anilkumar

Respondent

State of Kerala

Excerpt

.....j.------------------------------------------------------------ w.p.(c).no.877 of 2023 ------------------------------------------------------------- dated this the 27th day of february, 2023judgmentthis writ petition is filed by the petitioner seeking the following reliefs:“i) issue a writ of mandamus or any other appropriate writ order or direction directing the respondents 2 and 3 to regain the filled up waste water channel on the northern side of ooruttambalam - moolakonam pwd public road at velloorkonam as well as the waste water channel on the eastern side of velloorkonam - chenivila road at velloorkonam within a time limit as prescribed by this honourable court.ii) dispense with production of english translation of vernacular documents.”2. according to the petitioner, the waste water channel on thenorthern side of the pwd road as well as the eastern side of velloorkonam - chenivila road is filled up by the adjacent property owners, consequent to which the entire rain water along with mud and waste materials are flowing into the courtyard of the petitioner, causing severe prejudice and inconveniences to the petitioner. in order to ventilate the grievances, petitioner has submitted ext.p1 dated 06.12.2022 before the assistant executive engineer, pwd roads wing, neyyattinkara - the 3 rd respondent and he seeks a direction for the consideration of the same. therefore, after having heard the learned counsel for the petitioner, sri. g.sudheer and the learned senior government pleader, smt.deepa :3: narayanan, the writ petition is disposed of directing the 3 rd respondent to finalize ext.p1 at the earliest, at any rate within one month from the date of receipt of a copy of this judgment. sd/- shaji p. chaly, judge ak :4: appendix of wp(c) 877/2023 petitioner’s exhibits:- exhibit p1 copy of the petition dated 6.12.2022 submitted by the petitioner before the 3rd respondent.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY, THE 27TH DAY OF FEBRUARY 2023 / 8TH PHALGUNA, 1944 WP(C) NO. 877 OF 2023 PETITIONER: B.ANILKUMAR, AGED 54 YEARS, S/O. BHASKARAN NAIR, BINDHU SADAN, VELLOORKONAM, OORUTTAMBALAM, KUVALASSERY P.O., THIRUVANANTHAPURAM ., PIN - 695 512. BY ADVS. G.SUDHEER R.HARIKRISHNAN (H-308) SMRITHI S.S. RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE EXECUTIVE ENGINEER, PWD ROADS WING, THIRUVANANTHAPURAM - 695 001. 3 THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS WING, T.B. JUNCTION, NEYYATTINKARA, THIRUVANANTHAPURAM - 695 121. SMT.DEEPA NARAYANAN.SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2:
SHAJI P. CHALY, J.
------------------------------------------------------------ W.P.(C).No.877 of 2023 ------------------------------------------------------------- Dated this the 27th day of February, 2023

JUDGMENT

This writ petition is filed by the petitioner seeking the following reliefs:

“i) Issue a writ of mandamus or any other appropriate writ order or direction directing the respondents 2 and 3 to regain the filled up waste water channel on the northern side of Ooruttambalam - Moolakonam PWD public road at Velloorkonam as well as the waste water channel on the eastern side of Velloorkonam - Chenivila road at Velloorkonam within a time limit as prescribed by this Honourable Court.

ii) dispense with production of English translation of vernacular documents.”

2. According to the petitioner, the waste water channel on the

northern side of the PWD road as well as the eastern side of Velloorkonam - Chenivila road is filled up by the adjacent property owners, consequent to which the entire rain water along with mud and waste materials are flowing into the courtyard of the petitioner, causing severe prejudice and inconveniences to the petitioner. In order to ventilate the grievances, petitioner has submitted Ext.P1 dated 06.12.2022 before the Assistant Executive Engineer, PWD Roads Wing, Neyyattinkara - the 3 rd respondent and he seeks a direction for the consideration of the same. Therefore, after having heard the learned counsel for the petitioner, Sri. G.Sudheer and the learned Senior Government Pleader, Smt.Deepa :3: Narayanan, the writ petition is disposed of directing the 3 rd respondent to finalize Ext.P1 at the earliest, at any rate within one month from the date of receipt of a copy of this judgment. Sd/- SHAJI P. CHALY, JUDGE ak :4: APPENDIX OF WP(C) 877/2023 PETITIONER’S EXHIBITS:- Exhibit P1 COPY OF THE PETITION DATED 6.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Same Court & Year Kerala · 2023 Same Parties B.Anilkumar vs State of Kerala Same Judge Honourable Mr. Justice Shaji P.Chaly