IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 10310 of 2009(G) -------------------------- PETITIONER(S): ------------------ 1. VARKEY JOSEPH, PALUKKIYIL HOUSE, PAZHUTHURUTHU, NJEEZHOOR P.O., KOTTAYAM DIST. 2. NESSY KOSHY, MULLAMANGALATHU VENGALIL, MY OWN COLONY, ERAYILKADAVU, KOTTAYAM - 686 001. 3. SHYNY ALEX, KUNNASSERIL HOUSE, PAZHUTHURUTHU, THIRUVAMBADY P.O., KOTTAYAM. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, L.A.DEPARTMENT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, KOTTAYAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, VAIKOM. 4. THE ASSISTANT ENGINEER, ROADS DIVISION, P.W.D., KADUTHURUTHY. 5. JOY JOSEPH, KUZHIVELIL HOUSE, THIRUVAMBADI P.O., NJEEZHOOR - 686 612, MEMBER, NJEEZHOOR PANCHAYATH. 6. P.C.PUNNOSE, VILAYANATTU CONSTRUCTIONS, ANGADI P.O., RANNI. PATHANAMTHITTA. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 10310 OF 2009 (G) ===================== Dated this the 31st day of March, 2009 J U D G M E N T The prayer sought in this writ petition is that in the process of widening Poovakkad-Njeezhoor Road, the properties of the petitioners shall not be tresspassed upon since no part of their property has been acquired under the Land Acquisition Act or surrendered by the petitioners. 2. It is seen that this very issue has been considered by this Court in WP(C) NO.32621/08, the judgment of which is Ext.P4, where it has been clarified by this Court that the petitioners therein shall not be deprived of their properties otherwise than in accordance with law. Therefore, this writ petition is also disposed of directing that the properties belonging to the petitioners shall not be taken over otherwise than in accordance with law. ANTONY DOMINIC, JUDGE Rp