High Court Kerala High Court

C.G.Radhakrishna Pillai vs State Of Kerala on 14 January, 2011

Kerala High Court
C.G.Radhakrishna Pillai vs State Of Kerala on 14 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 38775 of 2010(V)


1. C.G.RADHAKRISHNA PILLAI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY THE
                       ...       Respondent

2. EXECUTIVE ENGINEER,

3. ASSISTANT EXECUTIVE ENGINEER,

4. THE CIRCLE INSPECTOR OF POLICE,

5. MATHEW EAPEN @ MAVELI,

                For Petitioner  :SRI.C.B.SREEKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :14/01/2011

 O R D E R
                       ANTONY DOMINIC, J.
                      ================
                    W.P.(C) NO. 38775 OF 2010
                  =====================

           Dated this the 14th day of January, 2011

                          J U D G M E N T

Petitioner claims to be the owner in possession of 14.70 ares

of land in Sy.nos.133/17 and 132/26-1 in Aranmula Village of

Kozhencherry Taluk. According to the petitioner, no portion of the

property has been acquired nor has he surrendered any portion of

it. It is stated that, despite the above, under the cover of

widening and re-tarring of Kozhipalam-Karakkadu road, the

respondents are in the process of encroaching into the property

and utilizing a portion of it. It is complaining of the above, the

writ petition is filed.

2. If as stated by the petitioner, no portion of the property

has been acquired or surrendered by him, respondents cannot

encroach into any portion of the petitioner’s property or utilize the

same for road widening purposes.

3. Clarifying the position as above, the writ petition is

disposed of.

WPC No. 38775/10
:2 :

Petitioners shall produce a copy of this judgment before the

respondents for compliance.

ANTONY DOMINIC, JUDGE
Rp