IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 WP(C).No. 7176 of 2008(D) -------------------------------------- PETITIONER(S): ----------------------- A.SUKUMARAN NAIR, AGED 48 YEARS, S/O.KOOKKAL KUNHIRAMAN NAIR, RESIDING AT NELLIKUNNU IN BELUR VILLAGE, HOSDURG TALUK. BY ADVS. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KASARAGOD. 2. ASSISTANT EXECUTIVE ENGINEER, P.W.D. ROAD DIVISION, HOSDURG, KANHANGAD. 3. ASSISTANT EXECUTIVE ENGINEER, P.W.D. BRIDGES DIVISION, KASARAGOD. R1 TO R3 BY GOVERNMENT PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 7176 of 2008 D ``````````````````````````````````````````````````````` Dated this the 10th day of December, 2010 J U D G M E N T Petitioner claims that, out of 9 cents of land he possesses in Re-Survey No.393/2 of Belur village, Hosdurg Taluk, 3 cents of land was allegedly encroached by the respondents for construction of a bridge. He filed a suit for getting the land back and during the pendency of the suit, this writ petition was filed, claiming that he should be compensated for the land that he allegedly lost. It is now submitted that the suit has been decreed in his favour and an appeal filed by the defendants is pending. 2. If as stated by the petitioner, the suit has been decreed in his favour, he cannot at the same time claim compensation also. Therefore, the prayer in this writ petition for payment of compensation cannot be granted. 3. Be that as it may, it is clarified that in the event the appeal is decided against the petitioner, it will be open to the W.P.(C) No.7176/2008 : 2 : petitioner to pursue his claim, in which event, the same will be dealt with in accordance with law. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge