IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 WP(C).No. 29709 of 2006(J) -------------------------------------- PETITIONER: ------------------- SOMARAJAN NAIR, S/O.K.S.GOPALA PILLAI, RAJ BHAVAN, MALOOR P.O., PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. MR.VINOY VARGHESE KALLUMOOTTILL. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. PATHANAPURAM BLOCK PANCHAYATH, REPRESENTED BY ITS SECRETARY, PIDAVOOR, PATHANAPURAM TALUK. 3. PRESIDENT, PATHANAPURAM BLOCK PANCHAYATH, PIDAVOOR, PATHANAPURAM. 4. PATTAZHI VADAKKEKARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, OFFICE OF GRAMA PANCHAYATH, KADUVATHODU, PATHANAPURAM, KOLLAM DISTRICT. 5. CIRCLE INSPECTOR OF POLICE, PUNALUR. R1 & R5 BY GOVT. PLEADER MR. V.T.K. MOHANAN, R2 TO R4 BY ADVS. MR.S.MUHAMMED HANEEFF, MR.T.M.JAFARKHAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.29709 OF 2006 ---------------------------- DATED THIS THE 20TH DAY OF FEBRUARY, 2009 JUDGMENT This Court by an interim order dated 15/11/2006 ordered that all action by respondents 2 to 4 for widening the Panchayat road, which is the subject matter of this writ petition, by forcefully taken possession of properties owned by the petitioner without following the provisions of the Land Acquisition Act, will stand stayed for a period of two months. The said order is extended from time to time. 2. The learned counsel for respondents 2 to 4 submitted that there is no basis for the petitioner to approach this Court and that the apprehension of the petitioner that the Panchayat will forcefully take possession of a portion of the petitioner's land for widening the road is absolutely unfounded. Learned counsel submitted that the Panchayat has no intention for widening the road by entering into the properties belonging to others without -2- W.P.(C).No.29709/2006 resorting to the procedure established by law. In the light of the submission made by the learned counsel for the Panchayat, there is no necessity to decide the issue raised on merits. This Writ Petition is disposed of recording the submission of the learned counsel for the Panchayat. HARUN-UL-RASHID, Judge. kcv. -3- W.P.(C).No.29709/2006