IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 WP(C).No. 2969 of 2011(U) ------------------------------------- PETITIONER: ------------------- P.M.RANEES,S/O. O.K.KHALID, T.C NO.15/1680(1), PALOTTUKONAM ROAD,SASTHAMANGALAM.P.O, THIRUVANANTHAPURAM-10. BY ADV. SRI.M.SREEKUMAR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVT.,PUBLIC WORKS DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. KERALA ROAD FUND BOARD,REPRESENTED BY ITS MEMBER SECRETARY,BELHEAVEN GARDENS,KOWDIAR, THIRUVANANTHAPURAM-695 003. 3. PROJECT ENGINEER,KERALA ROAD FUND BOARD, BELHEAVEN GARDENS,KOWDIAR, THIRUVANANTHAPURAM-695 003. R1 BY GOVT. PLEADER SRI. P.N. SANTHOSH, R2 & R3 BY ADV. SRI.K.JAJU BABU,S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 2969 of 2011 U ``````````````````````````````````````````````````````` Dated this the 1st day of February, 2011 J U D G M E N T Petitioner is the tenant of a building bearing TC No.9/2553(7) and 9/2554 where he is conducting a restaurant. The building is situated in the Vellayambalam – Sasthamangalam road. In this writ petition, his complaint is that the steps which are provided for entering into the building are proposed to be demolished by respondents 2 and 3. It is complaining of the above, the writ petition is filed. 2. In view of the allegations in the writ petition, when the matter came up for admission on 28-01-2011, it was adjourned to get instructions. Standing Counsel appearing for respondents 2 and 3 submits that on the side of the road, there is a footpath of 2 metres width. It is stated that further to the footpath, there is a landscaping area of 0.75 metres width. According to him, the steps were constructed encroaching into the landscaping area and therefore that action was W.P.(C) No.2969/2011 : 2 : initiated for its removal. 3. The petitioner or his landlord cannot have any right to encroach into any area outside their boundary. According to the respondents, the steps in question have been constructed in the landscaping area near to the footpath that is by the side of the Sasthamangalam – Vellayambalam road. If that be so, the respondents cannot be faulted for the steps they have taken. In any case, this is not a dispute which can be resolved in a proceedings under Article 226 of the Constitution of India. Writ petition fails and it is dismissed. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge