IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 WP(C).No. 30008 of 2010(A) -------------------------- PETITIONER(S): --------------- M.ABDUL SATTAR 55 YEARS, S/O.RAWTHER, ALUMOOTTIL VEETTIL POOYAPPALLY VILLGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.SYAM J SAM RESPONDENT(S): --------------- 1. EXECUTIVE ENGINEER, ROAD DIVISION, PWD ,KOLLAM DISTRICT. 2. THE ASSISTANT EXECUTIVE ENGINEER, ROAD DIVISION, PWD, KOTTARAKARA, KOLLAM. 3. THE ASSISTANT ENGINEER, ROAD VISION, EZHUKONE, KOLLAM. GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO.30008 OF 2010 (A) ===================== Dated this the 3rd day of November, 2010 J U D G M E N T petitioner submits that he is in possession of 0.29 ares of property in R.S.No.182/18 of Velinelloor Village with a 3 storied commercial building. According to the petitioner, consequent on the road widening a portion of the building is abutting to the Government property and that now the respondents are taking steps for removing the aforesaid portion of the building. It is stated that if that portion of the concrete is removed, that will affect the structural safety of the building and therefore this writ petition has been filed praying for a direction to the respondents not to cause any damage to the petitioner's commercial building. 2. Learned Government pleader has obtained instructions in the matter. According to the Government Pleader the petitioner's building is situated in 75 cents inside the road purambokku. It is stated that in addition to this the septic tank is also fully within the road purambooku. It is stated that for the widening of the road, though the respondents do not now propose to remove the WPC No. 30008/2010 :2 : structure inside the Government property, they have to remove the septic tank that is fully within the road purambokku. As already seen the complaint in the writ petition is that if any portion of the building is removed that will affect the structural safety. If as stated by the Government Pleader the proposal is to remove the septic tank only, there cannot be any danger to the structural safety. Therefore recording the submission of the Government Pleader the writ petition is closed. ANTONY DOMINIC, JUDGE vi