IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 WP(C).No. 4825 of 2011(C) ------------------------- PETITIONERS: --------------- 1. VIJAYAN B.B., S/O.LATE BHASKARAN, PARAPPILLIL HOUSE, K.P.VALLON ROAD, KADAVANTHRA, KOCHI-20. 2. PRAKASH B.B., S/O.LATE BHASKARAN, PARAPPILLIL HOUSE, K.P.VALLON ROAD, KADAVANTHRA, KOCHI-20. BY ADV. SRI.P.K.ABOOBACKER(EDAPPALLY) RESPONDENTS: --------------- 1. THE ASST. EXE. ENGINEER, ROADS SUB DIVISION, ALUVA, PIN-683101. 2. THE ASST. EXE. ENGINEER, ROADS SUB DIVISION, ANGAMALY, PIN-685372. 3. THE ASST. ENGINEER, ROADS SUB DIVISION, ALUVA, PIN-683101. 4. THE ASST. ENGINEER, ROADS SUB DIVISION, ANGAMALY, PIN-685372. BY SR. GOVERNMENT PLEADER ADV. MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 4825 OF 2011 ......................................................................... Dated this the 16th February , 2011 J U D G M E N T The petitioners have approached this Court with the following prayers: “(i) To call for the records relating to Ext. P1 to P6 and to issue a writ of Certiorari or any other appropriate writ, order or direction quashing Ext. P6 notice being illegal, improper, without jurisdiction and issued against the Acts, Rules and fundamental principles of Natural justice. (ii) to issue a writ of Mandamus or any other appropriate writ, order or direction directing the Respondents to reconsider the matter on the basis of Ext. P3 representation filed by the petitioners on the basis of the actual Taluk and village revenue records and sketch. (iii) to issue a writ of Mandamus or any other W.P.(C) No. 4825 OF 2011 2 appropriate writ, order or direction directing the 4th respondent to consider and pass appropriate orders on Ext. P3 Representation filed by the petitioners as expeditiously as possible in accordance with law. (iv) to direct the respondents to keep in abeyance Ext.P6 Notice till the disposal of the Suit O.S.No. 406 of 2010 pending before the Munsiff's Court, Aluva. (v) to issue a writ of Mandamus or any other appropriate writ, order or direction directing the Respondents not to encroach upon the property of the petitioners without notice and to proceed against the petitioners only under the Land Acquisition Act if the property is needed for widening of the road. (vi) to grant such other reliefs that may be deemed fit by this Hon'ble Court in due course of this case and to pass cost of this case” W.P.(C) No. 4825 OF 2011 3 2. The learned Counsel for the petitioners submits that the mother of the petitioners expired on 25.12.2010 and as such Ext.P6 notice dated 28.01.2011 issued by the first respondent in the name of the mother of the petitioners is not liable to be acted upon. It is contended that the petitioners have got every right to be heard before any further coercive proceedings are pursued with regard to the property concerned, for the purpose of widening the road . 3. The learned Government Pleader appearing for the respondents submits that Ext. P6 can be treated as a notice issued to the legal heirs ; that the petitioners are at liberty to file statement of objections before the first respondent and that the proceedings will be finalised only after hearing the petitioners as aforesaid. 4. In the above circumstance, the petitioners are free to file a detailed statement of objections before the first respondent, treating Ext.P6 as notice issued to them within two weeks, on which event, the same shall be considered and appropriate orders shall be passed, in accordance with law as expeditiously W.P.(C) No. 4825 OF 2011 4 as possible, at any rate, within 'one month' from the date of receipt of a copy of the judgment. The petitioners shall produce a copy of the judgment along with a copy of the writ petition before the first respondent, for taking appropriate steps. 'Status quo' will continue till such time. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk