High Court Kerala High Court

V.A.Antony vs The Executive Engineer on 2 September, 2010

Kerala High Court
V.A.Antony vs The Executive Engineer on 2 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3538 of 2010(N)


1. V.A.ANTONY,
                      ...  Petitioner
2. V.D.DEVASIA,

                        Vs



1. THE EXECUTIVE ENGINEER,
                       ...       Respondent

2. THE ASSISTANT ENGINEER,

3. THE CIRCLE INSPECTOR OF POLICE,

4. THE SECRETARY,

5. THE JUNIOR HEALTH INSPECTOR,

6. MUHAMMED KUNHI,

                For Petitioner  :SRI.V.C.JAMES

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :02/09/2010

 O R D E R
                       ANTONY DOMINIC, J.

             ```````````````````````````````````````````````````````
                     W.P.(C) No. 3538 of 2010 N
             ```````````````````````````````````````````````````````
             Dated this the 2nd day of September, 2010

                            J U D G M E N T

The petitioners are conducting business at a place

called Karuvanchal in Kannur district. What is sought for in this

writ petition is the implementation of a decision contained in

Ext.P2. Ext.P2 says that the 6th respondent had made certain

unauthorised constructions for commercial purposes, in the public

road in front of the petitioners’ shop building and that steps are

being initiated for his eviction. This is the decision which the

petitioners want to be implemented.

2. The counter affidavit filed by the first respondent also

says that the construction made by the 6th respondent is

encroaching into the public road and that the structure has already

been decided to be demolished. It is also seen that the second

respondent issued a letter to the Station House Officer, Alakode

Police Station, requesting for necessary police assistance for the

implementation of the decision contained in Ext.P2. Although it is

the case of the first respondent that a portion of the unauthorised

structure has already been removed, it is obvious that the

WPC.3538/2010
: 2 :

remaining portion of the structure is still there. The 6th respondent

has no case that the building in question is not in puramboke land.

If that be so, the authorities cannot be defaulted for the decision

that has been taken by them and the decision is liable to be

implemented.

3. In that view of the matter, I direct the second

respondent to take appropriate action, if necessary, with the

assistance of the third respondent, for removal of the unauthoised

structure which is mentioned in Ext.P2. This shall be done within

a period of six weeks from the date of receipt of a copy of this

judgment.

The writ petition is disposed of as above.

Sd/-

(ANTONY DOMINIC, JUDGE)
aks

// True Copy //

P.A. To Judge