IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 W.P.(C).No. 28646 of 2009(A) -------------------------------------------- PETITIONERS: 1. SREEKUMAR K.K., S/O.A.K.SANKARAN NAIR, SREEJITH TEXTILES, PARAPPANANGADI, MALAPPURAM DISTRICT. 2. P.SREENIVASAN, S/O.SANKARAN, SAI WATCH WORKS, PARAPPANANGADI, MALAPPURAM DISTRICT. 3. ABDUL REHIMAN, S/O.ABDULLA KUTTY, LOTTERY AGENCY, KOLLARAKANDY HOUSE, PARAPPANANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENTS: 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SPECIAL TAHSILDAR, OFFICE OF THE SPECIAL TAHSILDAR (LA) (G), TIRUR. 3. THE ROADS AND BRIDGES DEVELOPMENT CORPORATION, REP. BY ITS MANAGING DIRECTOR, PALARIVATTOM, KOCHI. 4. THE DIVISIONAL RAILWAY MANAGER(WORKS), PALAKKAD. 5. SRI.K.MUHAMMED FAIZAL NAHA, ADVOCATE, S/O.ABDUL SALIM NAHA, KIZHAKINIYAKATH HOUSE, PARAPPANANGADI, MALAPPURAM DISTRICT. BY SR. GOVERNMENT PLEADER SMT.K.MEERA ADV.SRI.N.B.SUNILNATH, SC, RAILWAY ADV.SRI.M.VIJAYAKUMAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.28646 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of October 2009 JUDGMENT A.K.BASHEER, J. Petitioners are admittedly tenants of a building which has already been acquired for the purpose of construction of a railway over bridge at Parappangadi. The only grievance of the petitioners is that they are likely to be thrown out of the building immediately eventhough the construction of the railway over bridge may commence only much later. It is seen admitted by the petitioners themselves that the proposal for construction of the bridge has been hanging fire since 1968. Anyhow, the said project is likely to be take shape atleast now. 2. It is submitted before us that in Writ Petition No.17241/08, which is reportedly pending before this court, it has been made clear that pendency of the above and other writ petitions if any shall not stand on the way of the railway and the other authorities concerned in continuing with the construction. 3. It is admitted by the petitioners that award has already been passed and the landlord has agreed to surrender possession. 4. As has been mentioned earlier, the only grievance of the petitioners is that they are likely to be evicted even though the work may commence only much later. This grievance ofcourse may appeal to the W.P.(C)No.28646 OF 2009 :: 2 :: heart. But that does not persuade us to accede to the plea made by the learned counsel for the petitioners to put on hold the actual eviction of the petitioners. It is for the agency which is in charge of the construction to fix the schedule of their work. It may not be proper for this court to interdict the agency from proceeding with their schedule. 5. In that view of the matter, we do not find any reason to interfere with the ongoing work schedule for construction of the Railway over bridge. However, having regard to the peculiar facts and circumstances of the case, petitioners are granted time till 29th October, 2009 to give vacant possession. Writ petition is disposed of in the above terms. (S.R.BANNURMATH) CHIEF JUSTICE (A.K.BASHEER) JUDGE jes