IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932 WP(C).No. 38775 of 2010(V) -------------------------- PETITIONER(S): -------------------- C.G.RADHAKRISHNA PILLAI, S/O LATE P.K.GOPALA PILLAI, AGED 61 YEARS, CHARUVIL HOUSE, EDAYARANMULA P.O., KOZHENCHERRY TALUK, ARANMULA VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.C.B.SREEKUMAR RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. EXECUTIVE ENGINEER, PWD, ROADS DIVISION, PATHANAMTHITTA. 3. ASSISTANT EXECUTIVE ENGINEER, PWD, ROADS DIVISION, KOZHENCHERRY. 4. THE CIRCLE INSPECTOR OF POLICE, KOZHENCHERY. 5. MATHEW EAPEN @ MAVELI, PWD CONTRACTOR, MAVELIL HOUSE, RANNI, PATHANAMTHITTA DISTRICT. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 38775 OF 2010 ===================== Dated this the 14th day of January, 2011 J U D G M E N T Petitioner claims to be the owner in possession of 14.70 ares of land in Sy.nos.133/17 and 132/26-1 in Aranmula Village of Kozhencherry Taluk. According to the petitioner, no portion of the property has been acquired nor has he surrendered any portion of it. It is stated that, despite the above, under the cover of widening and re-tarring of Kozhipalam-Karakkadu road, the respondents are in the process of encroaching into the property and utilizing a portion of it. It is complaining of the above, the writ petition is filed. 2. If as stated by the petitioner, no portion of the property has been acquired or surrendered by him, respondents cannot encroach into any portion of the petitioner's property or utilize the same for road widening purposes. 3. Clarifying the position as above, the writ petition is disposed of. WPC No. 38775/10 :2 : Petitioners shall produce a copy of this judgment before the respondents for compliance. ANTONY DOMINIC, JUDGE Rp