IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 6TH DECEMBER 2006 / 15TH AGRAHAYANA 1928 WP(C).No. 32398 of 2006(F) -------------------------- PETITIONER: ------------ MAMMED, S/O.ENTHEEN, ALUNGAL HOUSE, NAROKKAVU, PALEMADU, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ------------- 1. THE ASSISTANT ENGINEER, P.W.D. (ROADS) SECTION, NILAMBUR, MALAPPURAM DISTRICT. 2. THE TALUK SURVEYOR, NILAMBUR TALUK, MALAPPURAM DISTRICT. 3. THE VILLAGE OFFICER, VAZHIKKADAVU VILLAGE, MALAPPURAM DISTRICT. BY G.P. SRI.I.V.PROMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.32398 of 2006 .................................................................... Dated this the 6th day of December, 2006. JUDGMENT Since the dispute is as to whether there is encroachment of petitioner's building to the road puramboke, there will be direction to the first respondent to get the road puramboke marked through survey by second respondent and proceed to take over possession and demolish construction only in accordance with the survey report filed by the second respondent. If first respondent finds that the survey report is incorrect or unacceptable to the PWD, it is for him to take up the matter with the authority higher to second respondent. No demolition should be made unless survey is made by second respondent. The petitioner is also free to challenge the survey report. W.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms