VIJAYAKUMAR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner is before this Court seeking enforcement of orders passed by the Government Authority against illegal encroachment on public road by an Association, which adversely affect the peaceful living of the petitioner and his family.

(2.) The petitioner states that he belongs to a financially weaker section of the society. He purchased 10 cents of property in Kulathummal Village as per Ext.P1 and applied for building permit as per Ext.P2. The 4 th respondent-Association erected waiting shed without sanction from any Governmental Authorities, obstructing the road frontage of petitioner's property. It is the contention of the petitioner that the illegally constructed waiting shed not only covers the road frontage of petitioner's property but is used by antisocial elements during late evenings and nights for illegal activities. The shed is used for drinking and smoking by antisocial elements. It has disturbed the peaceful living and security of the petitioner and his family.

(3.) The 3rd respondent-Assistant Executive Engineer, Public Works Department, filed a statement dated 21.10.2016. The 3rd respondent stated that the road, where the waiting shed is situated, has a width of 12 metres and carriage way width is 7 metres. The waiting shed is situated on the road side. According to the 3 rd respondent, PWD has no plans to widen the road. The 4 th respondent stated that the waiting shed was constructed by the 4 th respondent- Residents' Association about 14 years ago. It is used by the public at large as shelter from rain and heat.