IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 30096 of 2008(G) ------------------------------------ PETITIONERS : ----------------- 1. VARGHESE @ ALEX, S/O.OUSEPH, MALEIKKAL HOUSE, MANANCHARIKUNNU, P.O.PUTHANVELIKKARA. 2. JAYAN.E.S,EASWARAMANGALATH HOUSE, MANANCHARIKUNNU, P.O.PUTHANVELIKKARA. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENTS : ------------------- 1. TAHSILDAR, PARAVOOR TALUK, PARAVOOR. 2. VILLAGE OFFICER, PUTHANVELIKKARA VILLAGE, PUTHANVELIKKARA. 3. GEOLOGIST, O/O.MINING AND GEOLOGY DEPARTMENT, ERNAKULAM. 4. RAVEENDRAN, EZHUVACHIRA HOUSE, THIRUVALLUR, ALANGAD. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.30096 of 2008 -------------------------- Dated this the 31st October, 2008 J U D G M E N T Petitioners claim to be aggrieved by what they call unlawful interference by respondents in the construction of a road undertaken by the petitioners. They referred to Exhibit P2. an agreement stated to have been executed by the owners of an extent of 2.44 acres of land, on the strength of which the owners of the property have permitted the construction of 8 feet width road on the southern extremity of property, thereby resulting in the enhancement of width of the public pathway which lies on the immediate western side of existing public road. Petitioners complaint is regarding the obstruction being caused by respondents 1 to 4 against the removal of sand and earth which is necessary for the construction of road. Exhibit P4 is the complaint which has been filed before the Tahasildar . I heard learned Government Pleader also. W.P ( C) No.30096 of 2008 2 The only direction required in this writ petition is for a direction to the Tahasildar to consider Exhibit P4. If there is any basis for the alleged restraint being made by the 1st respondent in the construction of the road, as contended by the petitioners, then the reasons for any such restraint or prohibition must be spelt in an order which should be passed by the 1st respondent after hearing the petitioners within one month from the date of receipt of a copy of this judgment. Ordered accordingly. The writ petition disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.30096 of 2008 3 W.P ( C) No.30096 of 2008 4