IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 WP(C).No. 25994 of 2010(Y) -------------------------- PETITIONER(S): --------------- 1. RAMACHANDRAN NAIR, AGED 73 YEARS, S/O. RAMACHANDRAN K., KRISHNA CYCLE WORKS, NALANCHIRA, NEAR COLLEGE STOP, NALANCHIRA P.O., THIRUVANANTHAPURAM DISTRICT. 2. C.GANESHAN, AGED 50 YEARS, S/O. CHELLAPPAN, S.N.TWO WHEELER WORKS, NALANCHIRA COLLEGE STOP, NALANCHIRA P.O.,THIRUVANANTHAPURAM. 3. VIJAYA KUMAR, AGED 47 YEARS, S/O. APPUKUTTAN NAIR, MAHADEVA AUTO CONSULTANCY, NALANCHIRA COLLAGE STOP, NALANCHIRA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVT., DEPARTMENT OF PUBLIC WORKS, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. 2. THE TAHSILDAR, LAND ACQUISITION, STATE HIGH WAY, M.C.ROAD, THIRUVANANTHAPURAM, PIN - 695 001. 3. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, PIN - 695 001. 4. THE ADDITIONAL DISTRICT MAGISTRATE, THIRUVANANTHAPURAM, PIN - 695 001. 5. THE EXECUTIVE ENGINEER (P.W.D.), M.C.ROAD, DEPARTMENT OF PUBLIC WORKS, CIVIL STATION, THIRUVANANTHAPURAM, PIN - 695 001. MR.NARAYANAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.25994 of 2010 (Y) --------------------------------- Dated, this the 31st day of August, 2010 J U D G M E N T Petitioners state that they are conducting workshops for cycles and two wheelers in buildings numbered by the Kudappanakkunnu Grama Panchayat. It is stated that under the guise of widening of the road, the petitioners have been directed to demolish their buildings. It is on this allegation the writ petition has been filed with the following prayers:- “i. issue writ of mandamus or such other writ or direction directing the respondents not to evict these petitioners other than due process of law, enabling these petitioners to get either compensation or rehabilitation. ii. issue writ of mandamus or such other writ or direction declaring that these petitioners are need not be evicted for widening the M.C.Road as the petitioner's buildings are not situated inside the alignment drawn for widening the M.C.Road.” 2. As at present, no coercive action otherwise than in compliance with the legal provisions has been taken and there is no reason to think that the respondents will do so even. WP(C) No.25994/2010 -2- In that view of the matter, this writ petition is disposed of directing that any action taken against the petitioners shall be in accordance with law. (ANTONY DOMINIC, JUDGE) jg