IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

WEDNESDAY, THE 5^TH DAY OF JULY 2023 / 14TH ASHADHA, 1945 WP(C) NO. 29084 OF 2022 PETITIONER:

SISTERS OF DESTITUTE, ST. MARY'S PROVINCE, CHUNANGANVELI P.O. - 683 112, ALUVA, REPRESENTED BY ITS SECRETARY, SR. JOSNA (MINI JOSEPH A)

BY ADVS.

JOMY GEORGE R.PADMARAJ M.J.BENNY DEEPAK MOHAN R.AJITH KUMAR [V.K.EDOM]

CHITRA N. DAS RISHAB S.

FATHIMA AFEEDA P.

RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2 THE DISTRICT COLLECTOR, CIVIL STATION, THRISSUR - 680 003.

3 DISTRICT SURVEY SUPERINTENDENT, CIVIL STATION, AYYANTHOLE, THRISSUR - 680 003.

4 SUPERINTENDING ENGINEER, PWD DEPARTMENT, THRISSUR- 680 003.

5 THE TAHSILDAR, TALUK OFFICE, CHALAKKUDY TALUK, IRINJALAKKUDA - 680 003.

6 TALUK SURVEYOR, CHALAKKUDY, THRISSUR - 680 307.

7 THE ASSISTANT EXECUTIVE ENGINEER, PWD ROAD SUB DIVISION, IRINJALAKKUDA - 680 003.

8 ADDL.R8 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, THRISSUR.

ADDL.R8 IS SUO MOTU IMPLEADED AS PER THE JUDGMENT DATED 05.07.2023 IN W.P(C)NO.29084/2022.

BY SMT.PREETHA K K, SR.GOVERNMENT PLEADER SRI.K.V.MANOJ KUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT The petitioner has approached this Court challenging Ext.P5 notice issued to the petitioner under the provisions of the Kerala Highway Protection Act alleging that the petitioner had encroached into Muringoor – Palamury Melur Pallinada road. According to the petitioner, the property was purchased in the year 1961 and it has been in occupation of the property since that date. It is also submitted that a hospital building is situated in the said property. On receipt of Ext.P5 notice, the petitioner has filed Ext.P10 objections before the Assistant Executive Engineer, PWD Road Sub Division, Irinjalakkuda who issued Ext.P5. The learned counsel appearing for the petitioner submits that even after filing of the writ petition, the petitioner has surrendered some portion of the land belonging to it for the purposes of widening of the road and this may also be considered by the competent authority.

2. The learned Government Pleader, on instructions, would submit that the competent authority is the Executive Engineer, PWD Roads Division, Thrissur and the said officer can be directed to adjudicate Ext.P5 notice, after considering Ext.P10 objections filed by the petitioner and after affording to the petitioner an opportunity of being heard.

3. Having heard the learned counsel appearing for the petitioner and the learned Government Pleader, I am of the opinion that this writ petition can be disposed of directing the Executive Engineer, PWD Roads Division, Thrissur to adjudicate Ext.P5 notice, after taking note of Ext.P10 objections and after affording an opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a certified copy of this judgment. It will be open to the petitioner to file any additional objections before the Executive Engineer at the time of adjudication. The petitioner shall mark appearance before the Executive Engineer, PWD Roads Division, Thrissur at 11.00 A.M on 18.07.2023 and thereafter, the matter shall be adjudicated as directed, within the period fixed above. The Executive Engineer, PWD Roads Division, Thrissur is suo motu impleaded as additional 8^th respondent to the writ petition.

The writ petition will stand disposed of as above.

Sd/-

GOPINATH P.

JUDGE DK APPENDIX OF WP(C) 29084/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF GIFT DEED NO. 1174/1961 OF SRO, CHALAKUDY, DATED 10-06-1961 Exhibit P2 TRUE COPY OF SALE DEED NO. 2041/1956, OF SRO, CHALAKUDY, DATED 16-08-1956 Exhibit P3 TRUE COPY OF SALE DEED NO. 2042/1956 OF SRO, CHALAKUDY, DATED 15-08-1956 Exhibit P4 THE TRUE COPY OF RELEVANT PAGE OF THE 'NALVAZHI' REGARDING THE LAYING OF FOUNDATION AND THE BLESSING OF THE HOSPITAL Exhibit P5 TRUE COPY OF T