High Court Kerala High Court

N.K.Biju vs The Asst. Executive Engineer on 12 August, 2008

Kerala High Court
N.K.Biju vs The Asst. Executive Engineer on 12 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 15201 of 2008(S)


1. N.K.BIJU, S/O. KUNJUMON,
                      ...  Petitioner

                        Vs



1. THE ASST. EXECUTIVE ENGINEER,
                       ...       Respondent

2. THE DISTRICT RILE ASSOCIATION OF IDUKKI

3. PRINCE MATHEW,

4. THE EXECUTIVE ENGINEER,

5. DISTRICT COLLECTOR,

6. SUPERINTENDENT OF POLICE

7. STATE OF KERALA, REP. BY ITS SECRETARY

8. THE GRAMA PANCHAYATH, MUTTOM,.

                For Petitioner  :SRI.SAJAN MANNALI

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER

 Dated :12/08/2008

 O R D E R
                   H.L.DATTU, C.J. & A.K.BASHEER, J.
                         -------------------------------------------
                            W.P.(C) No.15201 of 2008
                         ------------------------------------------
                    Dated, this the 12th day of August, 2008

                                  JUDGMENT

H.L.Dattu, C.J.

Public spirited citizens are before us in this writ petition filed

under Article 226 of the Constitution of India.

2. The petitioner organization seeks the following reliefs in

this writ petition. They are as under:

“I) to issue a writ of certiorari, or any other

appropriate writ, direction, or order, calling for the

records leading to Ext.P1 agreement, and to quash the

same.

II) to issue a writ of mandamus or any other

appropriate writ, direction or order, directing the 4th

respondent to cancel Ext.P1 agreement, as mentioned in

the Ext.P9 notice of the 4th respondent.

III) to issue a writ of mandamus, or any other

appropriate writ, direction or order directing the 1st

respondent to demolish, the two storied building, which

has been constructed illegally in the leased out area as

per Ext.P1 agreement, the same being constructed

violating the terms of Ext.P1 agreement.

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IV) to issue a writ of mandamus or any other

appropriate writ, direction or order directing the 7th & 8th

respondents to consider and dispose of Exts.P7 & P8

representations filed by the petitioner and pending before

them.

V) to direct the respondents to pay the costs of this

proceedings.

VI) to grant any other reliefs, as prayed for by the

petitioner, during the course of arguments, and which this

hon’ble court deems fit to grant.”

3. The brief assertions made by the petitioner is as under:

It is stated that the second respondent District Rifle Association, Idukki

had applied for land from the Government for its functioning. It is stated

that an extent of 7850 sq. mts. of land was allotted by the Government to

the second respondent on a lease basis. The agreement was entered into

by the first respondent with the Secretary of the second respondent

Association. It is further stated that as per the agreement the second

respondent will have to maintain all safety precautions required as per the

Rules for protecting the Government property and also to construct a butt

wall levelling the sight, fencing, sheds, etc. It is further alleged that the

W.P. (C) No.15201 of 2008
3

second and third respondents have trespassed into double the area allotted

to them by the Government and they have put up a two storeyed building

and further they are making all efforts to put up further construction.

4. In the writ petition, it is further stated that coming to

know these omissions and commissions said to have been committed by

the second and third respondents, the 4th respondent Executive Engineer

has issued Ext.P9 notice, inter alia, directing the second and third

respondents to show cause why the lease agreement said to have been

executed by the State Government should not be cancelled. Further it is

stated that coming to know the various misdeeds said to have been

committed by the second respondent association, the petitioner

organization has already filed Ext.P8 representation before the concerned

Grama Panchayat. It is the grievance of the petitioner before this Court

that though Ext.P9 notice was issued by the Executive Engineer, and after

it was served on the third respondent, nothing has been done by the

Executive Engineer.

5. The other complaint is that though the petitioner

organization has filed a representation before the concerned Grama

Panchayat, the Grama Panchayat has not taken any action on the

representation filed by the petitioner organization. Therefore, the

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4

petitioner organization is before us for the reliefs indicated by us earlier.

6. The respondents have filed their counter affidavits before

us denying the assertions and allegations made by the petitioner

organization.

7. In our opinion, at this stage, it may not be necessary for us

to go into the allegations/assertions made by the petitioner organization

and its denial by the respondents. For the present, in our opinion, we need

only to direct the Executive Engineer who has issued Ext.P9 notice, and to

which the second respondent association has already filed its reply, to

consider the same and pass appropriate orders as expeditiously as possible

after hearing the petitioner organization as well as the second respondent

association. While doing so, the Executive Engineer will not be

influenced by any one of the advices that may be issued to him by the

superior authorities.

8. In our opinion, the other prayer sought for by the

petitioner organization, namely a direction to the Grama Panchayat to

consider Ext.P8 representation also requires to be granted by us.

9. Therefore, we direct the Grama Panchayat, namely the 8th

respondent herein, to consider the representation filed by the petitioner

organization in accordance with law after affording an opportunity of

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hearing to all the contesting respondents within a period of three months

from the date of receipt of a copy of this Court’s order.

7. While disposing of this writ petition we make it clear that

we have not expressed any opinion on the merits of the case. Liberty is

reserved to the petitioner organization as well as the second respondent

association to put forth all their claims before the concerned authorities.

8. Writ petition is disposed of with the above observations

and directions.

9. In view of the order passed in the writ petition the relief

sought for in I.A.No.8339 of 2008 need not be considered at this stage.

Accordingly, the said application stands rejected.

Ordered accordingly.

(H.L.DATTU)
CHIEF JUSTICE

(A.K.BASHEER)
JUDGE
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