IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 3350 of 2006(W) --------------------------------------- PETITIONER(S): ------------------------ BAIJU VARGHESE, AGED 38 YEARS, S/O.LATE VARGHESE, VILANGATTIL HOUSE, CHALIKKAVATTOM, EDAPPALLY SOUTH VILLAGE, VENNALA. BY ADV. SRI.BABU KARUKAPADATH SRI.K.A.NOUSHAD RESPONDENT(S): -------------------------- 1. CORPORATION OF KOCHI, REPRESENTED BY ITS SECRETARY, ERNAKULAM. 2. ASSISTANT EXECUTIVE ENGINEER, ZONAL OFFICE, CORPORATION OF KOCHI, VYTTILA. 3. JOSE, AGED ABOUT 58 YEARS, S/O.PATHROSE, KALAMPARAMBIL HOUSE, VILANGADAN ROAD, VENNALA, KOCHI-28. 4. M/S.APPLE-A-DAY, PROPRIETIES PVT. LTD., APPLE TOWER, NH BY PASS, EDAPPALLY P.O. KOCHI-24, REPRESENTED BY ITS MANAGING DIRECTOR. ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,COCHIN COPN FOR R1 & 2 DR.K.P.SATHEESAN FOR R3 SRI.K.K.GOPINATHAN NAIR FOR R3 SRI.K.K.RAJEEV FOR R3 SRI.A.V.THOMAS FOR R4 SRI.MATHEW B. KURIAN FOR R4 SRI.K.T.THOMAS FOR R4 SRI.V.M.KURIAN FOR R4 BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.3350/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE DOCUMENT NO.2341/1111 ME OF ALANGAD SRO. P2:- COPY OF THE REPRESENTATION DT. 20.12.04 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P3:- COPY OF THE REPRESENTATION DT. 15.6.05 SUBMITTED BY THE PETITIOENR TO the 2ND RESPONDENT. P4:- COPY OF THE SALE DEED NO.2217/86 OF SRO EDAPPALLY. P5:- COPY OF THE PARTITION DEED NO.3886/81 OF SRO EDAPPALLY. P6:- COPY OF THE REPRESENTATION DT. 27.1.06 SUBMTITED BY THE PETITIONER TO THE IST RESPONDENT. P7:- COPY OF THE ROUGHT SKETCH OF THE ROAD AND THE PROPERTIES /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.3350 OF 2006 --------------------------------------- Dated this the 22nd day of October, 2008. J U D G M E N T This writ petition is filed with the following prayers: a) Issue a writ of mandamus or other appropriate writ, order or direction compelling the respondents 1 and 2 to demolish all the unauthorized constructions made on the road named as Vilangadan Road at Vennala and restore the same to its original width of not less than 4 meters. b) Issue a writ of mandamus or other appropriate writ, order or direction compelling the respondents 1 and 2 to maintain the road named as Vilangadan Road at Vennala with its original width of not less than 4 meters. There is an interim order ever since 08.02.2006. This writ petition is disposed of in terms of the interim order making it also clear that in case the petitioner has still any grievance left, he may produce a copy of this judgment along with copy of the writ petition before the first respondent, in which case, appropriate prompt action in accordance with law in the matter will be taken by the first respondent, with notice to the petitioner, respondents 3 and 4 and any other affected party. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 3350 OF 2006 J U D G M E N T 22.10.2008