IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 WP(C).No. 9506 of 2008(F) ------------------------ PETITIONER : --------------- H. ABDUL NIZAR, AGED 39 YEARS, S/O.HANEEFA KUNJU, RESIDING AT : THUNDIL, KIDANGAYAM NORTH, SOORANADU SOUTH, PATHARAM P.O., KOLLAM DISTRICT PIN - 690 567. BY ADV. SRI.V. PHILIP MATHEW RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PUBLIC WORKS, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. TAHSILDAR, KUNNATHOOR TALUK, SASTHAMKOTTA, KOLLAM DISTRICT. 3. ASSISTANT ENGINEER, PWD ROAD SECTION, SASTHAMKOTTA, KOLLAM DISTRICT. 4. R.D.O., KOLLAM. 5. K.KRISHNANKUTTY NAIR, PERUMANA KIZHAKKETHIL, THRIKKUNAPUZHA NORTH, KAKKAKUNNU P.O., KOLLAM DISTRICT. R1 TO R4 BY GOVT. PLEADER SMT. N. SUDHA DEVI R5 BY ADVS. SRI.K.BABU THOMAS SMT.MARYKUTTY BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 9506 of 2008(F) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER TO 4TH RESPONDENT DATED 26.02.2008. EXT.P2 : COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER TO 2ND RESPONDENT DATED 10.03.2008. EXT.P3 : COPY OF THE NOTICE NO. SS 20/04 DATED 18.03.2008. RESPONDENT'S EXHIBITS: EXT.R5(a) : COPY OF RESOLUTION PASSED BY THE KUNNATHOOR TALUK DEVELOPMENT COMMITTEE FOR REMOVAL OF EARTH DUMPED IN THE PURAMBOKE LAND. EXT.R5(b) : COPY OF MINUTES RECORDED BY THE KUNNATHOOR TALUK DEVELOPMENT COMMITTEE FOR REMOVAL OF EARTH DUMPED IN THE PURAMBOKE LAND. //TRUE COPY// P.A. TO JUDGE Mn T.R. RAMACHANDRAN NAIR, J. ==================== W.P.(C) No.9506 OF 2008 ==================== Dated this the 13th day of December, 2010 JUDGMENT This writ petition is filed challenging Ext.P3 notice issued to the petitioner whereby it is directed to remove the earth dumped in Puramboke land. The petitioner is conducting a shop in his own property. The building is having 4 rooms, out of which in 2 rooms, he is conducting business. The other 2 rooms are owned by his father. The building is facing Chakkuvally-Malummel PWD Road. In between the building and the road there is a poramboke land. It is used for entry into the building. According to the petitioner the road is situated in a lower level than the building. The puramboke land in between the road and the building is filled with earth and if the earth is removed access to the building will become difficult. The main complaint raised in the writ petition is that Ext.P3 has been issued without hearing the petitioner. 2. The 5th respondent has filed a counter affidavit justifying the action. It is pointed out that the petitioner illegally filled up the road Puramboke with a steep gradient, to prevent vehicular traffic through the side of the road creating obstruction for movement of vehicles and for giving sides to the vehicles in that W.P.(C) No.9506 OF 2008 2 portion of the road. Copy of resolution passed by the Kunnathoor Taluk Development Committee as Ext.R5(a), is also relied upon. 3. This Court while admitting the writ petition passed an order of status quo which was continuing for a period of 3 months. It is submitted that thereafter no action has been taken to remove the earth. In that view of the matter, an appropriate officer will conduct an inspection of the site and petitioner can also file appropriate objections to Ext.P3 before the Assistant Engineer, PWD who will consider the matter and take an appropriate decision in the matter, which will be communicated to the petitioner. The writ petition is disposed of as above. (T.R. Ramachandran Nair, Judge.) mns