IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 11463 of 2006(M) -------------------------- PETITIONER(S): --------------- CHANDRAN, S/O.KRISHNAN, AGED 52 YEARS, ATHIRUKUNNATH HOUSE, VELLURKUNNAM, MUVATUPUZHA. BY ADV. SRI.SABU FRANCIS RESPONDENT(S): --------------- 1. STATE OF KERALA REP. BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, TRIVANDRUM. 2. THE EXECUTIVE ENGINEER, KERALA PUBLIC WORKS DEPARTMENT, KERALA STATE TRANSPORT PROJECT (KSTP), DIVISION OFFICE, REST HOUSE COMPUND, MUVATTUPUZHA. BY GOVERNMENT PLEADER SRI. P.K. RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE SALE DEED OF THE PETITIONER DATED 17.9.1992 EXT.P2 TRUE COPY OF THE TAX RECEIPT DATED 24.3.2006 EXT.P3 TRUE COPY OF THE NOTICE ISSUED BY THE RDO MUVATTUPUZHA DATED 28.12.2004 EXT.P4 TRUE COPY OF THE NOTICE ISSUED BY THE ASST. EXE. ENGINEER (KSTP) DATED 18.1.2006 EXT.P5 STRUE COPY OF THE LAWYER'S NOTICE DATED 23.1.2006 EXT.P6 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 25.3.2006 EXT.P7 PHOTOGRAPH SHOWING THE SHOP OF THE PETITIONER AND THE ROAD AND FOOTPATH LYING IN FRONT OF IT. EXT.P8 PHOTOGRAPH SHOWING VELLOORKUNNAM JUNCTION INCLUDING THE PETITIONER'S SHOP, EXT.P9 PHOTOGRAPH SHOWING THE PETITIONER'S SHOP AND THE FOOTPATH IN FRONT OF IT. EXT.P10 PHOTOGRAPH FROM THE PETITIONER'S SHOP SHOWING THAT THE SHOP IS SITUATED BELOW FROSM THE ROAD LEVEL. EXT.P11 PHOTOGRAPH OF THE PETITIONER'S SHOP. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 11463 OF 2006 -------------------------------------------- Dated this the 10th day of June, 2009 JUDGMENT W.P.C. is filed apprehending demolition of portion of petitioner's shop room. The purpose is for widening and straightening of the road. Obviously if petitioner's shop room is projecting into the road, then demolition to the extent required to obtain uniform width of the road is permissible. Petitioner produced photographs which show that there are other buildings in the same line as that of the petitioner. If that be so, extensive demolition is required and at least part of some of the buildings. Since the matter has to be considered by the second respondent, W.P. is disposed of directing the second respondent to consider whether petitioner's shop room or any part thereof is required to be demolished along with other buildings and if so he is free to proceed with the demolition after notice and after earmarking the area required, subject to claim of the petitioner and others for compensation, if they are eligible. (C.N. RAMACHANDRAN NAIR) Judge kk 2