IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 1365 of 2007(K) ----------------------------------- PETITIONER(S): ----------------------- ABDUL KAREEM, AGED 27, S/O. IMBICHI KOYA, ANJUKANDATHIL, PAROPPADY MERYKUNNU, KOZHIKODE. BY ADVS. MR.SASTHAMANGALAM S. AJITHKUMAR MR.RENJITH B.MARAR MR.DILEEP P.PILLAI SMT.LAKSHMI.N.KAIMAL MR.P.B.SUNEER RESPONDENT(S): ---------------------------- 1. ASSISTANT ENGINEER, PWD, N.H.SECTION, CALICUT. 2. SUB INSPECTOR OF POLICE, CHEVAYOOR POLICE STATION, KOZHIKODE. ADDL. R3 IS IMPLEADED. 3. EXECUTIVE ENGINEER, P.W.D., N.H.SECTION, CALICUT. ADDL. R3 IS IMPLEAD AS PER THE JUDGMENT DT. 3.4.09 IN WPC. 1365/2007. GOVT. PLEADER MR.V.TEKCHAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/04/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.1365/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE EXISTING WAITING SHED WHICH IS 35 YERS OLD. P2:- COPY OF THE NEWLY CONSTRUCTED TEMPORARY WAITING SHED. P3:- COPY OF THE NOTICE ISSUED BY THE IST RESPONDENT TO THE PETITIONER IN HIS CAPACITY AS A SECRETARY OF THE YOUTH CONGRESS UNIT DT. 15.12.06. P4:- COPY OF THE PETITION PREFERRED BY THE PUBLIC BEFORE THE SUB INSPECTOR OF POLICE ON 9.11.06. P5:- COPY OF THE PETITIONER PREFERRED BY THE PUBLIC BEFORE THE PWD ENGINEER , N.H. DIVISION. TRUE COPY P.A. TO JUDGE TSS P.R.RAMACHANDRA MENON, J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 1365 of 2007 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 3rd day of April, 2009 J U D G M E N T Ext.P3 notice issued by the first respondent asking to demolish a newly constructed waiting shed on the side of the NH 212, as seen from Ext.P2 photograph, stating that it is very near to a transformer; that construction of the waiting shed obstructs the natural flow of rain water and further that no proper sanction was obtained for constructing the waiting shed is under challenge. 2. The case of the petitioner is that the nearby waiting shed as seen from Ext.P1 photograph is old and dilapidated one, which may fall down any moment. Taking note of the probable danger to the passengers, some persons including the petitioner and other social activitists erected a temporary waiting shed as shown in Ext.P2 at the nearby place, thus providing proper shelter from the Sun and Rains. The petitioner submits that Ext.P3 notice has been caused to be issued at the instance of some persons of the locality merely because of some political ill-will. It is submitted by the petitioner that such petty or flimsy consideration should not have been the basis for issuance of Ext.P2, that too, without any regard to the welfare and well-being of the public at large. 3. Obviously, no counter affidavit has been filed by the respondents and the averments and allegations raised by the petitioner stand W.P.(C) No. 1365 of 2007 -:2:- unrebutted. More so, when this Court after considering the facts and figures had passed an interim order on 11.1.20007 directing the respondents not to demolish the newly constructed temporary waiting shed as shown in Ext.P2. The reasoning contained in Ext.P3 is that the solid base provided to the newly constructed waiting shed using laterite stones and such other materials is likely to cause obstruction to the free flow of rain water, which situation can easily be remedied by other means, even by cutting open a small drain of sufficient width on the side of the compound wall abutting the waiting shed or by other such appropriate measures and as such, demolition of the waiting shed is absolutely not warranted. Any how, this issue including whether it will cause any serious threat to the lives of the public is a matter to be looked into by such other higher authorities like the Executive Engineer PWD, NH Section, Calicut. Though such Authority has not been made a party to the above proceedings, considering the nature of submissions made from the part of the learned Government Pleader, the aforesaid authority (Executive Engineer, PWD, N.H. Section, Calicut) is suo motu impleaded in the proceedings as the additional third respondent for whom, the learned Government Pleader has taken notice. The additional third respondent is directed to consider the issue forming the subject matter of Ext.P3 after conducting a personal inspection of the site and also after giving an W.P.(C) No. 1365 of 2007 -:3:- opportunity of hearing to the petitioner before passing any final orders therein. It is made clear that, till passing of such final orders, the interim order already granted by this Court will continue. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON, JUDGE kmd.