High Court Kerala High Court

V.B.Bijukumar vs The Secretary on 24 November, 2009

Kerala High Court
V.B.Bijukumar vs The Secretary on 24 November, 2009
       

  

  

 
 
  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.
                  -------------------------------------------
                     W.P(C).No.1122 OF 2009
                  -------------------------------------------
            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.