IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 632 of 2009(S)
1. K.MOHANAN, S/O.LATE KRISHNA PANICKER
... Petitioner
2. P.NARAYANAN, S/O.KRISHNAN NAIR,
3. GOPALAKRISHNAN NAIR, S/O.LATE RAMAN NAIR
4. S.RAMACHANDRAN PRABHU,
Vs
1. DIVISIONAL RAILWAY MANAGER
... Respondent
2. AKATHETHARA GRAMA PANCHAYATH
3. ASSISTANT EXECUTIVE ENGINEER,
4. DISTRICT COLLECTOR, PALAKKAD.
5. STATE OF KERALA, REP. BY CHIEF
For Petitioner :SRI.N.N.SUGUNAPALAN (SR.)
For Respondent :SRI.N.RAGHURAJ
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :13/07/2009
O R D E R
S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J.
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W.P.(C) No.632 of 2009
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Dated 13th July, 2009.
J U D G M E N T
Kurian Joseph, J.
The writ petition is filed in public interest with the
following prayers :-
“(i) To issue a writ of mandamus or any other
appropriate writ, order or direction, directing the second
respondent to take appropriate steps to remove the
obstructions caused by the first respondent on the road
constructed by the Akathethara Grama Panchayat by
the side of Pudupariayaram Branch Canal.
(ii) Issue a writ of mandamus or any other
appropriate writ, order or direction, directing the 4th
respondent District Collector to take appropriate steps
on the representation Ext.P4 submitted by the
petitioners and take appropriate steps to prevent any
authorized obstruction caused by the first respondent to
the road constructed by Akathethara Grama Panchayat
by the side of the Puduparaiyaram Branch Canal.
(iii) To issue a writ of mandamus or any other
appropriate writ, order or direction, directing the first
respondent not to take any steps to obstruct or to block
the road constructed by the Akathethara Grama
Panchayat by the side of the Puduparaiyaram Branch
Canal, pending disposal of the complaint before the
District Collector, Palakkad.”
On 15.1.2009, this court passed an interim order to the effect
that no construction shall be made in the disputed property and
status quo as on that date should be maintained. The interim
WP(C) NO.632/2009 2
order was extended from time to time. In the meanwhile, the
District Collector, Palakkad has taken steps to resolve the
dispute, and in the process a survey also was undertaken. The
District Collector has filed a statement dated 6.6.2009.
Paragraph 2 of the statement reads as follows :-
“It is submitted that the contentions involved
in the Writ Petition have been got enquired through the
Revenue Divisional Officer, Palakkad and other
concerned departments. It is revealed that the land in
question is comprised in Survey Nos.202, 152, 151,
150/9, 203/9 of Block 24 of Akathethara Village which is
classified as ‘Malampuzha Canal’ and the ownership of
land is vested with the Irrigation Department and that
the Government Poramboke is seen unauthorisedly
encroached by the Railway authorities by constructing
compound walls. It is also submitted that the
unauthorised obstruction made by the Railway
authorities is causing difficulty to the public and
irrespective of considering the land vested with any
department, the Government land should be made
convenient for the public.”
Learned counsel appearing for the Railways submits
that in the process, the Railways may be permitted to take steps
to construct a compound wall so as to protect their property.
Nobody can prevent the Railways from constructing a compound
wall in their own property, after obtaining statutory permission.
WP(C) NO.632/2009 3
Therefore, the writ petition is disposed of directing the District
Collector to take appropriate action on Ext.P4 representation in
the light of the steps already taken by the District Collector, some
of which are referred to above, with notice to the petitioners and
respondents 1 to 3. In the process, if any request is made by the
Railways, the same shall also be considered by the District
Collector. Till orders are passed by the District Collector as
above, the interim order passed by this court will continue.
S.R.BANNURMATH,
Chief Justice.
KURIAN JOSEPH,
Judge.
tgs
S.R.BANNURMATH, C. J. &
KURIAN JOSEPH, J.
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W.P.(C) No.632 of 2009
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J U D G M E N T
Dated 13th July, 2009.