IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 27TH NOVEMBER 2006 / 6TH AGRAHAYANA 1928 WP(C).No. 24339 of 2006(V) -------------------------- PETITIONER: ------------ MARY MATHEW, AGED 50 YEARS, W/O.MATHEW, VALLIMADATHIL HOUSE, ARIKUZHA, THODUPUZHA. BY ADV. SRI.T.A.UNNIKRISHNAN SMT.RESHMI POULOSE RESPONDENTS: ------------- THE ASSISTANT EXECUTIVE ENGINEER, P.W.D., ROADS SUB DIVISION, THODUPUZHA. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/11/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1 CERTIFICATE DT 8.2.05. P2 ELECTRICITY BILL NO.14. P3 NOTICE DT 14.7.99. RESPONDENT'S EXHIBITS: R1(A) MASS PETITION FILED BY THE LOCAL PEOPLE. R1(B) ROUGH SKETCH EVIDENCING ENCROACHMENT OF GOVT. PURAMBOKE LAND. TRUE COPY P.A. TO JUDGE C.N. RAMACHANDRAN NAIR, J. ```````````````````````````````````````````````````` W.P. (C) No. 24339 OF 2006 V ```````````````````````````````````````````````````` Dated this the 27th day of November, 2006 J U D G M E N T Government Pleader filed counter affidavit showing the nature of trespass made by the petitioner into road puramboke. The submission of the respondent is that since portion encroached is a curve, the building constructed by the petitioner by encroaching road puramboke will affect the traffic. In the circumstances, writ petition is disposed of directing the respondent to send a copy of Ext.R1(b) sketch to the District Collector, who will hear the petitioner and pass orders on petitioner's objections. If the petitioner has encroached on road puramboke, it is open to the Collector to order demolishion of the building. Final orders will be communicated to the petitioner, within one month from today. The petitioner shall produce a copy of this judgment before the District Collector for follow up action. (C.N. RAMACHANDRAN NAIR, JUDGE) aks