IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 WP(C).No. 9431 of 2011(D) ------------------------------------- PETITIONER(S): ----------------------- G. SILVI BAI, SANIL NIVAS, PARASUVAIKAL, PARASUVAIKAL P.O., NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM-695 001. 2. THE REVENUE DIVISIONAL OFFICER, CIVIL STATION, THIRUVANANTHAPURAM-695 001. 3. THE VILLAGE OFFICER, AIROORPARA VILLAGE, THIRUVANANTHAPURAM-695 001. 4. THE EXECUTIVE ENGINEER, BHARATH ROAD CONSTRUCTION SCHEME, DISTRICT PANCHAYATH OFFICE, PATTOM, THIRUVANANTHAPURAM-695 004. 5. THE PROJECT OFFICER, BHARATH ROAD CONSTRUCTION SCHEME, BLOCK OFFICE, VATTIYOORKAVU, THIRUVANANTHAPURAM-695 013. 6. PADMAKUMAR, CONTRACTOR, NIRMAL CONSTRUCTIONS, BHARATH ROAD CONSTRUCTION SCHEME, THIRUVANANTHAPURAM-695 001. WP(C).No. 9431 of 2011(D) * ADDL. R7 IMPLEADED ADDL. R7: THE THIRUVANANTHAPURAM CORPORATION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE THIRUVANANTHAPURAM CORPORATION, THIRUVANANTHAPURAM. * ADDL. R7 IS IMPLEADED AS PER ORDER DATED 07/07/2011 IN I.A.10167/2011. R1 TO R3 BY SR. GOVT. PLEADER MR.P.N. SANTHOSH. R4 & R5 BY ADV. SRI.P.K.MANOJKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 9431 of 2011(D) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SETTLEMENT DEED EXECUTED IN FAVOUR OF THE PETITIONER. EXT.P2: COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE CONCERNED VILLAGE OFFICER. EXT.P3: COPY OF THE SURVEY PLAN OF THE PETITIONER'S PROPERTY ISSUED BY THE SURVEY AND LAND RECORDS DEPARTMENT. EXT.P4: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P5: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P6: COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT BEFORE THE TAHSILDAR, THIRUVANANTHAPURAM. EXT.P7: COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT BEFORE THE TAHSILDAR, THIRUVANANTHAPURAM. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 9431 OF 2011 ----------------------------------------------------- Dated this the 7th day of July, 2011 J U D G M E N T Petitioner claims to be the owner of 11 Ares of land in Sy.No.231/11 of Ayirooppara Village in Thiruvananthapuram Taluk. 2. The grievance of the petitioner is that the additional 7th respondent is taking steps for widening the Sasthavattom -Madavoorpara Temple road passing through the eastern side of the petitioner's property trespassing and annexing a portion of the petitioner's property as well. The petitioner has stated that a portion has already trespassed and to substantiate the said plea reliance is placed on Ext.P6 report of the Village Officer. 3. I heard the senior counsel appearing for the additional 7th respondent. If as stated by the petitioner she has title and possession over the property as claimed by W.P.(C) No. 9431 OF 2011 :2 : her, no portion of the property can be made use of for the purpose of widening the road unless the property has been freely surrendered or sold by the petitioner or has been acquired under the provisions of the Land Acquisition Act. Learned senior counsel for the additional 7th respondent also has not disputed this position. Therefore, this writ petition is disposed of, directing that in the absence of any surrender, purchase or acquisition no portion of the petitioner's property shall be made use of for the purpose of widening the road mentioned above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge