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High Court of KeralaWP(C)/14084/2015disposed of

Yacob V.U v. The Superintending Engineer

2015-09-03Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 3RD DAY OF SEPTEMBER 2015/12TH BHADRA, 1937 WP(C).No. 14084 of 2015 (I) ---------------------------- PETITIONER(S):

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1. YACOB V.U. AGED 75 YEARS S/O.UTHUPU, VETTIMATTATHIL HOUSE, OORAMANA MUVATTUPUZHA.

2. THANKACHAN M.P. AGED 57 YEARS S/O.VARGHESE, MANACKANAPPILLIL HOUSE, OORAMANA P.O MUVATTUPUZHA.

3. GEORGE V.P., S/O.PAULOSE, AGED 63 YEARS VADAKKADATHU HOUSE, OORAMANA P.O, MUVATTUPUZHA. BY ADVS.SRI.ANIL GEORGE SRI.JOBY JACOB PULICKEKUDY RESPONDENT(S):

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1. THE SUPERINTENDING ENGINEER ROADS & BRIDGES, CENTRAL CIRCLE, ALUVA 683 101

2. EXECUTIVE ENGINEER PWD ROADS & BRIDGES, MUVATTUPUZHA - 686 673

3. THE SECRETARY TO GOVERNMENT PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001

4. THE RAMAMANGALAM GRAMA PANCHAYAT OORAMANA P.O, ERNAKULAM DISTRICT, REP.BY ITSSECRETARY PIN - 686 663

5. P.K. CONSTRUCTION COMPANY REPRESENTED BY ITS MANAGING DIRECTOR POTTAIKANDATHIL HOUSE, NEAR NGO QUARTERS MUVATTUPUZHA 686 673.

R4 BY ADV. SRI.JIBU P THOMAS R4 BY ADV. SRI.K.RAJESH KANNAN R BY SENIOR GOVERNMENT PLEADER SMT.ANITHA RAVINDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 14084 of 2015 (I) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXT.P1 - TRUE PHOTOCOPY OF THE LAND TAX RECEIPT OF THE 1ST PETITIONER EXT.P2- TRUE PHOTOCOPY OF THE LAND TAX RECEIPT OF THE 2ND PETITIONER EXT.P3 - TRUE PHOTOCOPY OF THE LAND TAX RECEIPT OF THE 3RD PETITIONER EXT.P4 - TRUE PHOTOCOPY OF THE TENDER AWARDED TO THE 5TH RESPONDENT EXT.P5 - TRUE PHOTOCOPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 24.02.2015 EXT.P6 - TRUE PHOTOCOPY OF THE MASS REPRESENTATION. RESPONDENT(S)' EXHIBITS : NIL.

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

V.CHITAMBARESH, J.

--------------------- W.P (C) No.14084 of 2015 --------------------- Dated this the 3rd day of September, 2015

J U D G M E N T

The petitioners surrendered their land free for widening abutting road. Respondents 1 to 3 are bound to reconstruct the compound wall demolished for widening the road. Ext.P5 order issued by the third respondent in this regard governs the issue.

2. It is reported that the estimate submitted by the contractor for constructing the compound wall is approved. But there has been no progress in the construction of the compound wall. The respondents are directed to complete the exercise of reconstruction within three months. The same would be in consonance with Ext.P5 order issued by the third respondent. The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.