High Court of KeralaWP(C)/8042/2015disposed of

T.V. Chandrasekharan Nair v. State Of Kerala

2015-03-13Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 13TH DAY OF MARCH 2015/22ND PHALGUNA, 1936 WP(C).No. 8042 of 2015 (E) --------------------------- PETITIONER(S):

----------------- T.V. CHANDRASEKHARA VARIER, AGED 63 YEARS 'THULASEEDALAM', THEKKUMPURATH VARIYAM, P.O.VALAMBOOR 679 328 MALAPPURAM DISTRICT BY ADVS.SRI.V.RAJENDRAN SRI.M.S.MOHAMMED ANSARY RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA THIRUVANANTHAPURAM - 695001.

2. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT GOVERNMENT OF KERALA, THIRUVANANTHAPURM - 695001.

3. THE EXECUTIVE ENGINEER ROADS DIVISION, PUBLIC WORKS DEPARTMENT MANJERI - 676 121, MALAPPURAM DISTRICT.

4. THE ASSISTANT EXECUTIVE ENGINEER, ROADS SUB DIVISION PUBLIC WORKS DEPARTMENT, PERINTHALMANNA - 679 322 MALAPPURAMD DISTRICT

5. THE DISTRICT COLLECTOR MALAPPURAM 676 505.

R BY GOVERNMENT PLEADER SRI.T.RRAJESH.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 8042 of 2015 (E) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- P1- TRUE COPY OF THE GOVT. ORDER NO. 73/2011/PWD DATED 7.1.2011 P2- TRUE COPY OF THE REPRESENTATION DATED 3.3.2012 SUBMITTED BY THE PETITIONER TO THE CHIEF MINISTER P3- TRUE COPY OF THE SKETCH OF THE PROPOSED ALIGNMENT P4- TRUE COPY OF HTE REPRESENTATION DATED 12.5.2012 OF THE PETITIONER TO THE MINISTER FOR URBAN DEVELOPMENT P5- TRUE COPY OF THE COMMUNICATION DATED 21.2.2015 ISSUED BY THE OFFICE OF THE CHIEF MINISTER P6- TRUE COPY OF THE REPRESENTATION DATED 7.2.2015 OF THE PETITIONER TO THE 2ND RESPONDENT P7- TRUE COPY OF HTE LETTER DATED 3.2.2015 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER P8- TRUE COPY OF THE LETTER DATED 12.2.2015 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER P9- TRUE COPY OF THE TENDER NOITICE DATED 7.3.2015 RESPONDENT(S)' EXHIBITS : NIL.

------------------------------ //TRUE COPY// P.S TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.8042 of 2015 --------------------- Dated this the 13th day of March, 2015

J U D G M E N T

The petitioner objects to the alignment of the bye-pass road. The attempt is to salvage the residential house of the petitioner. The petitioner did submit Ext.P6 representation to the second respondent. But then the same was forwarded to the fourth respondent. Fourth respondent by Ext.P8 order held that only the higher authorities can consider the request.

2. I permit the petitioner to file a supplemental representation to the second respondent. The same shall be done within a period of 10 days from today. Any such representation shall be dealt with by the second respondent himself. The petitioner shall be put on notice and heard in the exercise. Final orders shall be passed within a period of one month from the date of receipt of the supplemental representation. The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.