PANTHAKKAN MUHAMMED Vs. ASST EXECUTIVE ENGINEER

JUDGEMENT

(1.) Wp(C) Nos.15729 of 2006 and 18630 of 2006 are filed by Sri.Panthakkan Muhammed. The first writ petition was filed challenging the proceedings of Assistant Executive Engineer, Public Works Department for removal of the bunk installed by him at Bazar junction in Edarikodu Panchayat.

(2.) The case of the petitioner was that he commenced his business in the bunk which was set up under a scheme for self employment to physically handicapped in the year 1981. On the basis of a request from the Edarikode Panchayat to shift the bunk, since it was causing obstruction to vehicular traffic, he shifted it to a place 50 metres away. While so PWD officials issued Ext.P5 notice directing him to remove the bunk threatening forcible eviction. According to the petitioner the PWD officials do not have any authority to do so and the proceedings are issued without any prior notice to him.

(3.) The Assistant Executive Engineer PWD filed a statement. According to it, petitioner was not conducting business in the place allotted to him, as per the agreement with the District Collector. He conducted business on the side of the State Highway - Malappuram- Tirur road maintained by PWD. In view of the recurrent road accidents and the increasing vehicular traffic, the Grama Panchayat took a decision to remove the bunks near Edarikode road junction and in Tirur Road. Based on that decision which was forwarded to PWD, a joint inspection was conducted by the Assistant Executive Engineer, PWD and the Panchayat authorities when several bunks including that of petitioner were seen erected encroaching PWD road margin. As it was seen that petitioner had violated the conditions in the agreement executed by him, he was asked to shift the bunk. But the authorities of the Panchayat thereafter informed the PWD in their letter dated 9.1.2006 that the petitioner shifted the bunk to a place in such a way causing more obstruction and nuisance to the people in the locality and one Sri. Abdul Khader had filed a complaint requesting for removal of the said bunk. Based on the said letter the PWD officials conducted an inspection when it was found that the bunk was installed encroaching the PWD road margin causing inconvenience to pedestrians and vehicular traffic and also obstruction to the drainage. According to the Assistant Executive Engineer, PWD, he had asked the petitioner to remove the bunk, which was found functioning in violation of the conditions in Exts.P2 and P3. Since he did not accede to it, form C notice was issued under Land Conservancy Act for evicting the petitioner, in order to protect the public property and to ensure convenience of public.