IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 10386 of 2008(J) -------------------------------------- PETITIONER(S): ---------------------- MOHANAN, S/O.GOPALAN, CHOORAKUZHIYIL, VENMANI, IDUKKI DISTRICT. BY ADV. MR.T.A.SHAJI SMT.T.V.NEEMA RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, IDUKKI. 2. THE REVENUE DIVISIONAL OFFICER, IDUKKI. 3. SUNNY KALAPURACKAL, KALAPURACKAL HOUSE, MUNDANMUDI.P.O., KALLIPARA, IDUKKI DISTRICT. 4. JOSHWA DEVASSY, THERUVAPARAMBIL, KANJIKUZHI PANCHAYATH,, VENMANI.P.O., THEKKENTHONI, IDUKKI DISTRICT. R1 & R2 BY GOVERNMENT PLEADER SMT.SMITHA SUKUMAR. R3 BY ADV. MR.D.KISHORE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 10386/2008-J APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PATTA DATED 24/10/2000 ISSUED BY THE SPL. TAHSILDAR. EXT.P2: COPY OF THE JUDGMENT DATED 27/10/2000 IN O.S. NO.32/99 ON THE FILE OF THE MUNSIFF'S COURT, THODUPUZHA. EXT.P3: COPY OF THE DECREE DATED 27/10/2000 IN O.S. NO.32/99 ON THE FILE OF THE MUNSIFF'S COURT, THODUPUZHA. EXT.P4: COPY OF THE ROUGH SKETCH OF THE PROPERTIES IN QUESTION. EXT.P5: COPY OF THE NOTICE DATED 29/02/2008 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 10386 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 22nd July, 2009. J U D G M E N T The petitioner's grievance in this writ petition is that despite the petitioner surrendering 50 cents of land on the western side of his properties, respondents 1 and 2, on the instigation of respondents 3 and 4 are trying to encroach into the eastern side of his property to cut open a road though his property. The petitioner therefore seeks the following reliefs: “(i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to pass orders consequent upon Ext. P 5 and not to take any further steps thereon without giving the petitioner enough time to work out his remedies; (ii) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents 1 and 2 to ensure that the petitioner's properties comprised in Block No. 2, Survey Nos. 46/2 and 46/4 of Vannapuram village of Thodupuzha Taluk are not encroached upon for the purpose of cutting open any road on the eastern side of the said properties.” 2. At the time of admission, this Court passed the following interim order: “There will be an interim order that in the absence of voluntary surrender or acquisition under the Land Acquisition Act, the property belonging to the petitioner shall not be disturbed.” 3. I have heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel for respondents 3 and 4. W.P.C. No. 10386/08 -: 2 :- In view of the fact that the respondents are not able to satisfy me that they are entitled to cut open a road through the property in question, I dispose of this writ petition in terms of the interim order. Sd/- S. Siri Jagan, Judge. Tds/