IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 20926 of 2008(N) ------------------------------------- PETITIONER: ------------------ M.K.SASI, S/O.VELAYUDHAN, AGED 60 RESIDING AT MANALMARI HOUSE, KAITHAKADU, PATTIMATTOM VILLAGE, KUNNATHUNAD TALUK, KOLENCHERRY. BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENTS: ----------------------- 1. THE ASSISTANT ENGINEER, P.W.D.ROADS DIVISION, PUTHENCRUZ. 2. TAHSILDAR, TALUK OFFICE, KUNNATHUNAD, PERUMBAVOOR. 3. TALUK VIKASANASAMITHY, KUNNATHUNAD. BY GOVERNMENT PLEADER SRI. I.V. PREMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.20926 of 2008 ================== Dated this the 13th day of August, 2008. J U D G M E N T The petitioner is aggrieved by land conservancy proceedings initiated by the respondents for demolishing his compound wall on the ground that the compound wall has been constructed by encroaching into the PWD road by the side of which the petitioner's property lies. Ext.P6 order has been issued by the 1st respondent directing the petitioner to demolish the compound wall. The petitioner challenges the same, on various grounds, which are not necessary to be considered now in view of the submission made by the learned Government Pleader. 2. The learned Government Pleader submits that Ext.P6 has been issued by the Assistant Engineer who does not have jurisdiction to issue the same. The jurisdiction to do the same, according to the learned Government Pleader, lies with the Assistant Executive Engineer. In the above W.P(C)No.20926 of 2008 - 2 - circumstances, the writ petition is disposed of with the following directions: The competent officer may issue a fresh notice to the petitioner with an opportunity to file objections. The petitioner shall file objections, and produce evidence in support of his case. The competent officer shall thereafter grant the petitioner an opportunity of being heard and pass final orders in the matter expeditiously. Till after one week from date of communication of orders thus passed to the petitioner, the petitioner's compound wall shall not be demolished. So as to enable the petitioner to seek appropriate further remedies if the orders passed are adverse to his interests. S.SIRI JAGAN, JUDGE rhs