IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 WP(C).No. 33451 of 2007(G) ---------------------------------- PETITIONERS: --------------- 1. K.R.VELAYUDHAN, S/O. LATE RAMAN, AGED 66 YEARS, CHULLIPARAMBIL HOUSE, OORAKAM VILLAGE, KARUVANNOOR P.O., THRISSUR DISTRICT, PIN-680 711. 2. RAPPAI, S/O. ANTHONY, CHEMPAN HOUSE, OORAKAM VILLAGE, KARUVANNUR P.O., THRISSUR DISTRICT, PIN-680 711. 3. GRACY, W/O. VARUNNY, CHEMPAN HOUSE, OORAKAM VILLAGE, KARUVANNUR P.O., THRISSUR DISTRICT, PIN-680 711. 4. SHYLA, W/O. MOHAMMED ALI, PATTATHUPARAMBIL HOUSE, OORAKAM VILLAGE, KARUVANNUR P.O., THRISSUR DISTRICT, PIN-680 711. BY ADV. MR.S.SREEKUMAR RESPONDENTS: --------------- 1. DISTRICT COLLECTOR, THRISSUR, PIN-680 003. 2. CHERPU GRAMA PANCHAYAT, CHERPU, PIN-680 561. 3. THE ASSISTANT ENGINEER, P.W.D., CHERPU, PIN-680 561. 4. THE TAHSILDAR, THRISSUR TALUK, AYANTHOL, THRISSUR, PIN-680 003. GOVERNMENT PLEADER FOR R1,3,4 SRI.A.C.DEVY FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33451 of 2007 PETITIONERS' EXHIBITS EXT.P1: COPY OF DOCUMENT NO.2020 OF 1976 OF CHERPU SRO EXT.P2: COPY OF BASIC TAX RECEIPT DTD 3.11.07. EXT.P3; COPY OF BASIC TAX RECEIPT. EXT.P4: COPY OF DOCUMENT NO.946 OF 1981 OF CERPU SRO. EXT.P5; COPY OF BASIC TAX RECEIPT DTD 7.3.2007. EXT.P6: COPY OF DOCUMENT NO.505 OF 1986 OF CHERPU SRO. EXT.P7: CPY OF BASIC TAX RECEIPT DTD 13.3.2007. EXT.P8: COPY OF REPRESENTATION DTD 27.2.2007 BEFORE R2. EXT.P9: COPY OF REPRESENTATION DTD 6.7.2007 BEFORE R3. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.33451 OF 2007 ------------------------------- Dated this the 19th day of MAY, 2010 J U D G M E N T The petitioners are owners of certain properties. Along the southern boundary of the petitioners' property the first respondent decided to widen a road. According to the petitioners, this decision is by taking the property belonging to the petitioners without their consent and without initiating land acquisition proceedings. In the above circumstances, the petitioners have filed this writ petition seeking the following relief: “(i) issue any appropriate writ order or direction restraining the respondents from trespassing or encroaching into the property of the petitioners for the purpose of widening of the bund without recourse to due process of law”. 2. Both the third respondent and the second respondent Panchayat have filed counter affidavits contending that they have no intention to take any part of the petitioners’ property for widening the road. According to them, they are widening the W.P.(C)No.33451/07 2 road only by taking ‘puramboke’ land by the side of the petitioners’ property. In view of the above circumstances, no further orders are necessary in this writ petition and accordingly, the writ petition is closed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.33451/07 3