IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 1122 of 2009(H)
1. V.B.BIJUKUMAR
... Petitioner
Vs
1. THE SECRETARY,
... Respondent
For Petitioner :SRI.MATHEW ABRAHAM
For Respondent :SRI.K.I.ABDUL RASHEED
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :24/11/2009
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.1122 OF 2009
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Dated this the 23rd day of November, 2009
JUDGMENT
The petitioner challenges the construction of a road being
done by cutting his property, as evidenced by Exts.P4(a) and (b)
photographs. He says that the land in question belonged to his
father and only his mother had given consent, though his father
is no more. He says the other Legal Representatives of his
deceased father had not given any consent and he filed Ext.P2
representation. It is stated that Ext.P3 agreement was entered
into on 18.10.2008 recording the decision regarding the
construction of the road and the rectification of a culvert.
Ultimately, the grievance of the petitioner is that certain portion
of the land belonging to him is also being encroached upon. The
petitioner could not obtain any interim order in this case which
was filed in January, 2009. At this distance of time, the state of
affairs would have changed. Not only that, it is not for the writ
court to adjudicate on the width of a road or any question as to
WPC.1122/09
2
possible encroachment. Without prejudice to the petitioner’s
right to ventilate the grievance or seek appropriate relief from
competent civil court, in accordance with law, regarding any
encroachment made by the panchayat or any other person, this
writ petition is dismissed.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
kkb.2/12.