Jomon Mathew vs The R.D.O. on 6 September, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 33247 of 2006(G)


1. JOMON MATHEW, S/O.MATHEW,
                      ...  Petitioner

                        Vs



1. THE R.D.O., KOTTAYAM.
                       ...       Respondent

2. THE VILLAGE OFFICER,

3. THE SECRETARY,

4. THE TAHSILDAR,

5. TALUK SURVEYOR,

                For Petitioner  :SRI.R.ARUN RAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :06/09/2007

 O R D E R
                   ANTONY DOMINIC, J.

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              W.P.(C) No. 33247 OF 2006 G
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           Dated this the 6th September, 2007

                    J U D G M E N T

The prayer in this writ petition is to direct 4th

and 5th respondents to conduct a re-survey to fix the

boundary of Umbikkattuppady-Nurseryppady Road and to

direct the respondents to take immediate steps for

removing the obstruction caused in the aforesaid road.

Petitioner is seeking the aforesaid prayer on the

allegation that the Adoration Convent, Mammood which is

also running a private school, had trespassed into the

public road and it is on that basis the reliefs are

sought for.

2. In my view since allegations have been raised

against the Adoration Convent no order for re-survey

can be passed without hearing the said convent. The

writ petitioner has not impleaded the said convent as a

party to this writ petition. For non-impleadment of

proper parties this writ petition is defective.

The writ petition therefore is dismissed.

ANTONY DOMINIC
JUDGE
jan/-