ANOOP THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS have approached this Court seeking for a direction to respondents 1 to 3 to implement its commitment as evidenced by Ext. P1, ie, to construct a retaining wall on the side of the petitioners' land lying on the side of Murickassery Police Station Padi -Kuttivelipadi. According to the petitioners, they are owners in possession of 15 cents of land lying by the side of the aforesaid road which they have purchased in 2009. While widening the PWD road mentioned above, according to the petitioners, about three cents of land was taken over by the PWD without giving any compensation. However, they were assured that PWD will construct a retaining wall as major portion of courtyard was taken over and the distance between the house building and edge of the road is reduced to 3 feet. On account of the earth excavation work for widening and levelling the road, the land and building of the petitioners now at a height of 20 -25 feet from the road and therefore there is every chance of land sliding, unless compound wall is constructed. According to the petitioners, this aspect of the matter was considered and Ext. P1 direction was issued by the Chief Engineer, PWD that they will consider construction of necessary retaining wall at the time when works are being carried out in the area.

(2.) EXT .P1 communication is seen issued to the Under Secretary on 20.1.2014, which was forwarded by the Deputy Secretary to the petitioners on 18.2.2014. Though the petitioners complained about the inaction on the part of the respondent authorities, no action has been taken by them so far. Petitioners are also relying upon Ext. P5 certificate issued by the Village Officer indicating that such construction is required in the said area.

(3.) ACCORDING to the learned counsel for the petitioners, road works are proceeding as of now, but no action is taken by the respondent authorities to construct the retaining wall as suggested by them in Ext. P1.