STATE OF KERALA Vs. SAFIA

JUDGEMENT

(1.) This appeal is preferred by the State of Kerala and its officials challenging the judgment of the learned single Judge dated 30 th March, 2015 in W.P.(C) No. 16646 of 2003, whereby the State of Kerala was directed to pay an amount of Rs. 2,00,000/- to the respondent/writ petitioner within a period of two months from the date of receipt of a copy of the judgment with interest at the rate of 9% per annum from the date of filing of the writ petition, which appears to be 9 th July, 2003. However, the State was given the liberty to recover the said amount from the officers who are responsible for the illegal demolition. It is, thus, challenging the legality and correctness of the said judgment, this appeal is filed.

(2.) The grievance highlighted by the petitioner in the writ petition was that she is the owner in possession of 1.90 acres of property situated in Survey No. 397 of Parathodu Village, Udumbanchola Taluk, Idukki District by virtue of settled deed No 334/1969 of Devikulam Sub Registry, which in turn was an assignment granted by the Government in favour of the predecessor in interest of the property. According to the writ petitioner, the said property is situated in a colony by name Kallar Pattom Colony and the block number assigned to the property so allotted is 396.

(3.) The case projected by the respondent/writ petitioner was that she has constructed 3 buildings on the southern side of the property, out of which 2 of them are old tiled buildings and one is a concrete building. The writ petitioner along with her family members are residing in the upper portion of the concrete buildings. Other buildings in the ground floor of the RCC building are in the possession of the tenants. While so, appellants 2 to 4 namely the Executive Engineer, PWD (Roads), Nedumkandam, the Assistant Engineer, PWD (Roads), Nedumkandam, the Assistant Engineer, PWD (Roads), Nedumkandam respectively, commenced widening of works of a road namely Kallar- Ramakkalmedu Road at Thookkupalam junction, where the writ petitioner's property abuts the road. For widening activities, a contract was awarded, by appellants 2 to 4, and with the assistance of the Contractor buildings of several persons were demolished using JCB, on the ground that such buildings are situated in the poramboke.