IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI WEDNESDAY, THE 8^TH DAY OF JANUARY 2025 / 18TH POUSHA, 1946 WP(C) NO. 35698 OF 2024 PETITIONER:

VIPIN H AGED 44 YEARS S/O R HARIDAS, MAMPULLY HOUSE, ELAPULLY PALAKKAD, PIN – 678 593 BY ADV VINOD KUMAR.C RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR PALAKKAD, CIVIL STATION PALAKKAD, PIN – 678 001

2 ASSISTANT ENGINEER P W D ROAD SECTION NO II, PALAKKAD, PIN – 678 001

3 SECRETARY ELAPULLY GRAMA PANCHAYATH, ELAPULLY , PALAKKAD, PIN – 678 533

4 PANCHAYATH COUNCIL REPRESENTED BY PRESIDENT, ELAPULLY GRAMA PANCHAYATH, ELAPULLY, PALAKKAD, PIN – 678 533 SRI. RAJEEV JYOTHISH GEORGE. GP.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

T.R.RAVI.J -------------------------------------------------------

WP(C) No.35698 of 2024 --------------------------------------------------------

Dated this the 08^th day of January, 2025 JUDGMENT The writ petition has been filed challenging Ext.P6 notice issued to the petitioner directing him to vacate himself from the Palakkad Pollachi Para Angadi Road wherein there is stated to be an encroachment. The contention of the petitioner is that the Assistant Engineer who has issued Ext.P6 is not the Authority under the Highway Protection Act to issue such a notice. It is submitted that the Executive Engineer concerned is the authority. The Government Pleader also on instruction submits that the above submission is correct.

In the above circumstances, Ext.P6 is quashed. This will not prejudice the appropriate authority from taking any necessary action under the Highway Protection Act, if so warranted.

Sd/-

T.R.RAVI JUDGE sn APPENDIX OF WP(C) 35698/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE PROPERTY TAX RECEIPT NO

6089211003816 DT 10/4/2024 ISSUED BY ELAPULLY GRAMA PANCHAYATH Exhibit P2 TRUE COPY OF THE NOTICE NO

400835/BAUV02/GPO/2024/3180(1) DT 25/05.2024 ISSUED BY 3RD RESPONDENT UNDER SEC 235 W (1)

OF PANCHAYATH RAJ ACT TO PETITIONER Exhibit P3 TRUE COPY OF THE PROVISIONAL ORDER NO

400835REAUV02/GPO/2024/3180(2) DT 25/5/2024 ISSUED BY 3RD RESPONDENT TO PETITIONER Exhibit P4 TRUE COPY OF THE ORDER 400835REAUV02/GPO/2024/3180(3) DT 27/06/2024 ISSUED BY 3RD RESPONDENT TO PETITIONER Exhibit P5 TRUE COPY OF THE APPEAL 08/07/2024 FILED BY PETITIONER BEFORE 4TH RESPONDENT Exhibit P6 DT 26.09.2024 NOTICE NO A1/ENCHROCHMENT/2024 ISSUED BY 2ND RESPONDENT TO PETITIONER Exhibit P7 TRUE COPY OF THE REPLY TO EXT P6 NOTICE SUBMITTED BY PETITIONER BEFORE 2ND RESPONDENT DATED 30/9/2024 RESPONDENTS’ EXHIBITS EXHIBIT R2(A) A TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 18.06.2024 EXHIBIT R2(B) A TRUE COPY OF THE LETTER DATED 05.08.2024.

FROM ASSISTANT ENGINEER TO ASSISTANT EXECUTIVE ENGINEER EXHIBIT R2(C) A TRUE COPY OF THE THE LETTER

400835/BAUV02/GPO/2024/3180(5) DATED

01.08.2024 ALONG WITH THE RESOLUTION NO.6(9)

OF PANCHAYATH COUNCIL DATED 20.07.2024