IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 21846 of 2011(E) -------------------------- PETITIONER: --------------- K.SURENDRAN PILLAI, CHEKKOTTUKONATH THEKKETHIL VEEDU, ELAMKULAM, KALLUVATHUKKAL P.O.,KOLLAM DISTRICT, PIN-691578 BY ADV. MR.T.S.RAJASENAN RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, O/O.THE DISTRICT COLLECTOR, KOLLAM-691001 2. THE REVENUE DIVISIONAL OFFICER, KOLLAM-691001 3. KALLUVATHUKKAL GRAMA PANCHAYAT, REP.BY ITS SECRETARY, KALLUVATHUKKAL P.O.,KOLLAM DISTRICT, PIN-691578 4. THE VILLAGE OFFICER, PARIPALLY, PARIPALLY P.O.,KOLLAM DISTRICT, PIN-691574 5. THE ASSISTNAT ENGINEER, P.W.D.ROADS DIVISION, CHATHANNOOR, KOLLAM DISTRICT-691579 6. RAJAN PILLAI, PRAMOD BHAVAN, PULIKUZHY, VELAMANNOOR P.O., KALLUVATHUKKAL, KOLLAM DISTRICT-PIN-691574 ADV. SRI.PIRAPPANCODE V.S.SUDHIR FOR R3 SRI.S.BIJU (KIZHAKKANELA) FOR R6 GOVERNMENT PLEADER MR.G.GOPAKUMAR FOR R1,2,4 & 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21846 of 2011(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COMPLAINT FILED BY THE PETITIONER TO R3 DTD. 2.12.2010. EXT.P2: NOTICE ISSUED TO R6 DTD. 11.01.2011. EXT.P3: COMPLAINT TO R5 DTD. 25.1.2011. EXT.P4: COMPLAINT TO R1 & R2 DTD. 21.3.2011. EXT.P5: LETTER NO.L.DIS/2778/11/D DTD. 31.5.2011 TO R3 BY R2. EXT.P6: NOTICES ISUED TO R6 BY R3 DTD. 3.7.2011. EXT.P7: NOTICES ISSUED TO R6 BY R3 DTD. 2.8.2011. RESPONDENTS' EXHIBITS: NIL ..... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.21846 Of 2011 ---------------------- Dated this the 5th day of September, 2011. J U D G M E N T The writ petition is filed seeking the following reliefs: i) To issue a writ of mandamus or such other writ or direction to respondents 1 to 5 to remove the unauthorised tiled thatched wooden shop (Ermadam) of the 6th respondent from the public road in Pulikuzhy junction, in Kalluvathukkal Panchayath. ii) To declare that the erection of the wooden shop in Pulikuzhy-Kulamada road by the 6th respondent is against Section 5(3)(2) of the Palchayath Raj (Eviction of Encroachments and Possession Imposing and Recovery of Penalties) Rules, 1966. 2. The grievance of the petitioner is that the 6th respondent had erected a tile thatched wooden shop (Ermadam) in front of his shop building in the public road unlawfully. It is averred in the writ petition that the conduct of the 6th respondent in erecting tile thatched wooden shop had obstructed the ingress and egress of the petitioner's shop rooms and causing inconveniences to the general public. It is pointed out that the tile thatched wooden shop was erected without obtaining any ::2:: W.P.(C).No.21846 Of 2011 licence from the Panchayath. The petitioner filed complaints before the 3rd respondent Panchayath, 5th respondent Assistant Engineer and 1st respondent District Collector. Exts.P1, P3 and P4 are the complaints lodged before the above said authorities respectively. The Revenue Divisional Officer issued Ext.P5 communication addressed to the 3rd respondent to take steps to remove the unauthorised wooden shop. On receipt of the complaint the Panchayath issued Exts.P6 & P7 notices directing the 6th respondent to remove the unauthorised shop from the public road. 3. The petitioner has been lodging complaints before the authorities repeatedly for the redressal of his grievance. In spite of Exts.P6 & P7 notices issued by the Panchayath, the 6th respondent failed to remove the illegal construction. Therefore, the petitioner approached this Court for the aforesaid reliefs. 4. When the matter was taken up for consideration today, the learned counsel on behalf of the 6th respondent submitted that the 6th respondent is ready and willing to remove the unauthorised tile thatched wooden shop from the public ::3:: W.P.(C).No.21846 Of 2011 property and requested this Court to grant four weeks' time to remove the wooden shop. 5. The undertaking of the 6th respondent is recorded. Considering the request of the 6th respondent, four weeks' time from today is granted to remove the illegal structure. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-