SANGEETHA AGRI- INDUSTRIAL SOCIAL WELFARE AND SOCIETY v. SUB INSPECTOR OF POLICE
Case at a glance
Outcome
Disposed of
This writ petition is disposed of
Key paragraphs
- Para 77. In that view of the matter, I am of the considered opinion that the reasons stated by the party respondents to obstruct the petitioner as well as the water authority in putting casing pipes/concreting the road outside the premises of the ALP School, Ramassery…
Judgment
SMT. MABLE C KURIEN, SR. GP. SRI. P M JOHNY, SC FOR KERALA WATER AUTHORITY THIS WRIT FOR ADMISSION ON 17.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITION (CIVIL) HAVING COME UP W.P.(C). No.175 of 2024 3 JUDGMENT The petitioner, in this case, is a society operating the Aided Lower Primary School (ALP) School Ramassery. They assert that their school is located on a parcel of land having an extent of 148.25 cents, situated within the limits of Elappilly-II village. In close proximity to the school's entrance and outside the school property, the Kerala Water Authority (KWA) has installed water pipelines along the adjacent road to provide water to local residents.
The petitioner contends that they recently undertook the widening of the access road, resulting in a current access width of approximately 18 feet to the school. It has come to their attention that the water pipeline crossing the road outside the petitioner's property is exposed and susceptible to damage if vehicles traverse over it. In light of these circumstances, the petitioner submitted a formal representation to W.P.(C). No.175 of 2024 4 the Kerala Water Authority, requesting the installation of casing pipes and for concreting the pathway to safeguard the pipelines from potential harm caused by vehicular traffic.
The Kerala Water Authority duly considered their request and issued a letter, wherein they consented to the installation of casing pipes and the concreting of the pathway so that future repair works could be efficiently carried out. However, when steps were initiated by the KWA to execute the aforementioned works, with the petitioner bearing the expenses, the opposing party respondents raised objections. The petitioner contends that earlier, when the petitioner attempted to carry out works within the school compound, some persons, including the party respondents, raised obstructions, and the petitioner had to approach this Court seeking protection, which was granted through Exhibit P8 judgment. The petitioner asserts that the party respondents have openly declared that they will not permit to carry out the activities. It is in the afore circumstances that this writ petition is filed seeking directions. W.P.(C). No.175 of 2024 5
A counter affidavit has been filed by the party respondents. In the counter affidavit, which is dated 15.01.2023, it is stated that the intention of the petitioner is to encroach into the public road and appropriate portions of the revenue puramboke. The local people have filed joint representation before the Panchayath seeking initiation of action. In the additional counter affidavit, which is dated 16.1.2024, it is stated that if the water authority is permitted to concrete the road, it may lead to a situation in which future repairs could never be carried out.
I have heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the Water Authority, and the learned Government Pleader.
I find that based on the grievance highlighted by the petitioner that the exposed water pipes may get damaged if vehicles pass through, the KWA has issued Ext.P7 detailing the works that are to be carried out to ensure the movement of vehicles along the road. The grievance of the party respondents is that the attempt of the petitioner is to encroach into W.P.(C). No.175 of 2024 6 the public pathway. The learned counsel appearing for the petitioner as well as the KWA has asserted that the pipes are lying along the road outside the school property and what they intend is only to put pipe casing and an ‘access chamber’ that allows for easy access to the valves, joints, and other components of the pipeline for maintenance and repair purposes. They have stated that the chambers would be constructed with a cover or lid that can be removed to provide access to the pipeline, ensuring that necessary repairs or inspections can be carried out without disrupting the road surface at a later stage. The apprehension entertained by the petitioner is hence misconceived.
Operative part
In that view of the matter, I am of the considered opinion that the reasons stated by the party respondents to obstruct the petitioner as well as the water authority in putting casing pipes/concreting the road outside the premises of the ALP School, Ramassery and repairing the same cannot be sustained. If any obstruction is caused by the party respondents, the 1st respondent shall ensure that adequate protection is granted. If the party respondents have any case that the petitioner has encroached upon W.P.(C). No.175 of 2024 7 any puramboke land, they may move the revenue authorities and highlight their grievance. This writ petition is disposed of. NS Sd/- RAJA VIJAYARAGHAVAN V, JUDGE W.P.(C). No.175 of 2024 8 APPENDIX OF WP(C) 175/2024 PETITIONER EXHIBITS Exhibit p1 Exhibit p2 Exhibit P 3 Exhibit p4 Exhibit p5 Exhibit p6 Exhibit p7 Exhibit p8 Exhibit p9 TRUE COPY OF THE ORDER DATED 14/06/2021 ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER, CHITTUR TRUE COPY OF THE LAND TAR RECEIPT DATED 02/02/2023 WITH RESPECT TO THE SAID 60.05 ARES OF LAND OF THE PETITIONER TRUE PHOTOGRAPH DATED NIL SHOWING THE SAID ACCESS ROAD AND THREE WATER PIPES TRUE PHOTOGRAPH DATED NIL SHOWING THE SAID THREE WATER PIPES TRUE COPY OF THE REPRESENTATION DATED 03/02/2022 SUBMITTED BY THE HEADMISTRESS OF THE ALP SCHOOL OF THE PETITIONER TO THE KSE BOARD TRUE COPY OF THE RECEIPT DATED 03/08/2022 ISSUED BY THE KSE BOARD TO THE HEADMISTRESS OF THE ALP SCHOOL OF THE PETITIONER FOR PAYMENT OF THE SHIFTING CHARGES OF RS.27,861/- TRUE COPY OF THE COMMUNICATION DATED 22/08/2022 ISSUED BY THE 3RD RESPONDENT TO THE MANAGER OF THE ALP SCHOOL OF THE PETITIONER TRUE COPY OF THE JUDGMENT OF THIS HON'BLE HIGH COURT DATED 09/06/2022 IN W.P. (C ) NO.16359/2022 TRUE COPY OF THE PETITION DATED 21/12/2023 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 1 AND 2 RESPONDENT EXHIBITS Exhibit-R4(a) Exhibit-R4(b) TRUE COPY OF THE COMMUNICATION NO.E/285/2023 BY ASSISTANT EDUCATIONAL OFFICER, CHITTUR ISSUED TO PRADEEPKUMAR.S., PTA PRESIDENT, ALPS, RAMASSERY DIRECTING TO STOP THE CONSTRUCTION ACTIVITIES DATED 19/4/2023 TRUE COPY OF THE MASS REPRESENTATION SUBMITTED BEFORE THE SECRETARY, ELAPPULLY GRAMA W.P.(C).
No.175 of 2024 9 Exhibit-R4(c) Exhibit-R4(d) PANCHAYTH DATED 25/11/2021 TRUE COPY OF THE MASS REPRESENTATION DATED 25/11/2023 SUBMITTED BEFORE THE VILLAGE OFFICER, ELAPPULLY-II VILLAGE, ELAPPULLY TRUE COPY OF THE MASS REPRESENTATION SUBMITTED BY PEOPLE RESIDING NEARBY S.L.P.S. SCHOOL, RAMASSERY BEFORE THE SUB INSPECTOR OF POLICE, PUTHUSSERY KASABA POLICE STATION DATED 13/12/2021
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: This writ petition is disposed of
Which court decided this case, and when?
Kerala High Court, on 17 Jan 2024. The bench was RAJA VIJAYARAGHAVAN V.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.