IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 WP(C).No. 16554 of 2010(T) -------------------------- PETITIONER(S): --------------- 1. T.R.ANTONY, THOTTANKARA HOUSE, AROOR P.O., ALLEPPEY-688 534. 2. T.R.PETER, TOTTANKARA HOUSE, AROOR P.O., ALLEPPEY-688 534. BY ADV. SRI.P.SANJAY SMT.A.PARVATHI MENON RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, AROOR POLICE STATION. 2. RDS PROJECTS LIMITED & CHERIAN VARKEY CONSTRUCTION COMPANY (P) LTD., NATIONAL HIGHWAY PROJECT OFFICE, MADAVANA, PANANGAD, ERNAKULAM. 3. OFFICER-IN-CHARGE, NATIONAL HIGHWAY AUTHORITY OF INDIA, OFFICE OF NHAI, VYTTILA, ERNAKULAM. 4. THE SUPERINTENDENT OF POLICE, ALLEPPEY. ADV. SRI.THOMAS ANTONY FOR R3 SRI.JOHN JOSEPH FOR R2 SRI.TITUS MANI FOR R2 GOVT. PLEADER SMT. SMITHA SUKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 16554 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 15th day of July, 2010. J U D G M E N T The petitioners are owners of plots lying by the side of the National Highway. The petitioners allege in the writ petition that in the matter of constructing a drainage, the original alignment fixed by the National Highway authority is being changed on account of pressure put in by influential persons. According to the petitioners, now the respondents are attempting to construct the drainage through the petitioners' property, which, they cannot legally do. It is under the above circumstances, the petitioners have filed this writ petition seeking the following reliefs: “(i) Call for the records relating to acquisition of land for the purpose of drainage along the eastern side of the National Highway and peruse the same; (ii) Issue a writ of prohibition directing the 2nd and 3rd respondents to enter or carry out construction in the property of the petitioners only after acquiring the same as provided under law; (iii) Restrain the 2nd and 3rd respondents or their men from entering the properties of the petitioner covered by Exts.P1 to P6 and from carrying out any construction on the same if not acquired under due procedure prescribed by law; (iv) Direct the 1st respondent to ensure that the 2nd and 3rd respondent and their men do not forcibly carry out any construction activity on the property of the petitioners; (v) Direct the 1st respondent to take action on Ext. P15 representation.” 2. I have heard all parties. 3. Pursuant to an application filed by the petitioners, this Court had directed the petitioners to take out a commission to ascertain the facts. But the petitioners have not taken out the commission. Therefore, on 5-7-2010, I vacated the interim order of stay of W.P.C. No. 16554/2010 -: 2 :- construction of the drainage. Subsequently, the petitioners filed I.A.No. 9105/2010 in which they claim that a settlement has been arrived at between the parties, which was strongly disputed by the counsel for the respondents. Therefore, I passed an order directing the respondents to get instructions as to whether they are willing to come to a settlement on reasonable terms as suggested by the petitioners. 4. Today, the respondents would submit that they cannot agree to the settlement. They have also filed a counter affidavit to that effect. 5. I am of opinion that the matter can be disposed of on amicable terms. Further, it is only in the interest of the public that the drainage is completed as early as possible. Accordingly, the writ petition is disposed of in the following terms: The respondents can construct the drainage through the western-most boundary of the petitioners' property as delineated by the Taluk Surveyor. Respondents 2 and 3 shall ensure that the drainage work is completed within a reasonable time. The petitioners shall be permitted to cover the drainage with concrete slabs at their own expense to ensure passage of lorries into the property of the petitioners. The respondents shall not obstruct the petitioners' access to the service road provided for the National Highway from their property. The parties shall strictly abide by the above directions. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.