IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 WP(C).No. 38017 of 2003(A) -------------------------- PETITIONER(S): --------------- K.SIVANANDAN, PALANCHERIKALAM, NENMARA P.O., KOLLENGODE, PALGHAT. BY ADV. SRI.T.M.SUNIL RESPONDENT(S): --------------- 1. DEPUTY DIRECTOR OF PANCHAYAT, PALGHAT. 2. KOLLENGODE GRAMA PANCHAYAT, KOLLENGODE, PALGHAT. 3. KALAMANI, PROPRIETOR, ARUNA STORES, OPPOSITE UNION CLUB, TRICHUR MAIN ROAD, KOLLENGODE. R1 BY G.P. SRI. P.K. RAVIKRISHNAN ADV. SRI.SAJAN VARGHEESE K. FOR R3 SRI.LIJU. M.P FOR R3 SRI.N.HARIDAS FOR R2 SRI.H.SUNDEEP FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF GOVT. LETTER VACATING STAY DATED 27.9.2002 EXT.P2 TRUE COPY OF PETITION FILED BY PETITIONER FOR QUICK ACTION BY PANCHAYATH DATED 19.2.2003 EXT.P3 TRUE COPY OF COMMUNICATION ISSUED BY PANCHAYATH DATED 21.6.2003 EXT.P4 TRUE COPY OF PANCHAYATH LETTER TO GOVT. DATED 19.12.2001 EXT.P5 TRUE COPY OF PANCHAYATH LETTER TO DISTRICT TOWN PLANNER DATED 27.1.2003 RESPONDENTS' EXHIBITS: EXT.R3(a) TRUE COPY OF THE NOTICE DATED 2.4.2002 ISSUED BY THE REVENUE DIVISIONAL OFFICER, PALAKKAD. EXT.R3(b) TRUE COPY OF THE TAX RECEIPT DATED 4.8.2004 ISSUED BY THE 2ND RESPONDENT ON PAYMENT OF BUILDING TAX. EXT.R3(c) TRUE COPY OF THE RECEIPT DATED 4.8.2004 ISSUED ON RECEIVING THE LICENCE FEE FOR RUNNING THE SHOP. EXT.R3(d) TRUE COPY OF TAX RECEIPT DATED 20.5.2006 ISSUED IN RESPECT OF THE BUILDING NO. VI/188 AND 189 BY THE 2ND RESPONDENT. EXT.R3(e) TRUE COPY OF THE RECEIPT ISSUED ON RECEIVING FEEE FOR CONDUCTING THE SHOP DATED 20.5.2006 EXT.R3(f) TRUE COPY OF THE RECEIPT DATED 10.6.2009 ISSUED ON PAYMENT OF BUILDING TAX. EXT.R3(g) TRUE COPY OF THE RECEIPT DATED 11.4.2007 ISSUED BY THE 2ND RESPONDENT FOR CONDUCTING THE SHOP. EXT.R3(h) TRUE COPY OF THE BUILDING PERMIT DATED 3.2.2007 ISSUED BY THE 2ND RESPONDENT. EXT.R3(i) TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 29.3.2007 ISSUED REGARDING THE FIRST FLOOR BUILDING NO. VI/840 AND 841. EXT.R3(j) TRUE COPY OF THE RECEIPT DATED 10.6.2009 ISSUED BY THE RESPONDENT NO.2 IN RESPECT OF BUILDING NOS. VI/840 AND 841 (FIRST FLOOR). TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 38017 OF 2003 -------------------------------------------- Dated this the 16th day of June, 2009 JUDGMENT W.P.C. is filed alleging construction of building by third respondent in violation of Building Rules and encroaching upon the road. Counsel appearing for the third respondent submitted that building is a row (line) building constructed along with other buildings and it is not abetting or encroaching into the road. According to him building has first floor and second floor which was constructed later. It is not clear whether building rules were applicable in the area when the third respondent constructed the building. In any case, whether building is constructed in violation of Building Rules or not, it is for the PWD authorities to decide whether demolition is called for, for road widening and if it is required, they are free to acquire and demolish the extent of the building required for widening of the road, not only of the third respondent, but also of others in the same road. If any building is encroaching into the road, it is open to them to limit demolition to the extent of encroachment. 2 W.P. is disposed of giving freedom to the Executive Engineer concerned to take action for acquisition and for demolition if required. (C.N. RAMACHANDRAN NAIR) Judge kk 3