IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 WP(C).No. 30136 of 2009(J) -------------------------- PETITIONER: --------------- SMT.LIJI SEBASTIAN, AGED 39 YEARS, W/O. SEBASTIAN, PANAKKOOTTATHIL HOUSE, EDAMPADAM, VARAPPUZHA VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.T.P.SANTHOSH KUMAR RESPONDENTS: --------------- 1. ASSISTANT EXECUTIVE ENGINEER, P.W.D.(ROAD SECTION), NORTH PARAVUR, ERNAKULAM DISTRICT. 2. THE ASSISTANT ENGINEER, P.W.D.(ROAD SECTION), NORTH PARAVUR, ERNAKULAM DISTRICT. 3. THE VARAPPUZHA GRAMA PANCHAYATH, VARAPPUZHA P.O., ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. 4. SMT.CHINNA THOMAS, AGED 57 YEARS, W/O. LATE THOMAS, RESIDING AT THALIYATH HOUSE, EDAMPADAM, VARAPPUZHA VILLAGE, VARAPUZHA.P.O.PARAVUR TALUK, ERNAKULAM DISTRICT. GOVERNMENT PLEADER SRI.P.NARYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.30136 of 2009 ------------------------------------------------ Dated this the 6th day of January, 2010 JUDGMENT The petitioner herein filed this writ petition apprehending eviction by the respondents from the premises where she is conducting petty shop. 2. The shop is being conducted on the road puramboke namely Chennur-Varappuzha abutting P.W.D. Road. The petitioner is selling milk and other items from the said shop. 3. It is the case of the petitioner that at the instance of the fourth respondent the eviction proceedings were initiated and ultimately by Ext.P4 she was ordered to be evicted forthwith and 14 days period alone was granted for vacating the premises. While admitting the writ petition this court granted interim stay for two months. 4. Today when the matter came up for hearing the learned counsel for the petitioner submitted that actually the petitioner wants only some time for vacating the premises. She has already made arrangement to move to another location. The learned counsel for the petitioner submitted that petitioner is prepared for shifting the shop to another premises, and at least a W.P.(C)No.30136 of 2009 2 month’s time may be granted for the said purpose. The same is only reasonable and the writ petition is disposed of with the following directions: a) The challenge against Ext.P4 is repelled and the eviction cannot be said to be illegal or arbitrary. As the petitioner encroached a road puramboke, no right is vested so as to interfere with the rights of the respondents. b) In the light of the prayer made by the learned counsel for the petitioner one month from today is granted for vacating the premises. If the petitioner is not vacating the premises within the above period, the respondents 1 to 3 will be entitled to take appropriate action as enjoined by law to see that the premises are vacated. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj