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 THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WP(C).No. 16824 of 2007(S) -------------------------------- PETITIONERS: --------------- 1. SHAJI.P.P. , SECRETARY, ACTION COMMITTEE, VALIYAVELICHAM-KANNADICHAL ROAD, VALIYAVELILCHAM, MOORIYAD POST, KANNUR, 2. K.P.BALAKRISHNAN, PRESIDENT, ACTION COMMITTEE, VALIYAVELICHAM-KANNADICHAL ROAD, VALIYAVELICHAM, MOORIYAD POST, KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ----------------- 1. THE DISTRICT COLLECTOR, KANNUR. 2. REVENUE DIVISIONAL OFFICER, (SUB DIVISIONAL MAGISTRATE), THALSSERY. 3. KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD., REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. ADV. SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE FOR R3 SRI.SAJI VARGHESE FOR R3 GOVERNMENT PLEADER SWMT.K.MEERA FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: EXT.P1: COPY OF MASS MEMORANDUM SUBMITTED BY THE RESIDENTS OF MANATHERI VILLAGE. EXT.P2: COPY OF SKETCH PLAN SHOWING THE AREA. EXT.P3: COPY OF COMPLAINT DT. 22/3/2006 SUBMITTED BEFORE R2. EXT.P4: COPY OF COMMUNICATION DATED 29/3/2007 ISSUED FROM THE OFFICE OF MINISTER FOR INDUSTRIES. EXT.P5: COPY OF REPRESENTATION DT. 9/5/2007 SUBMITTED BEFORE R2. EXT.P6: COPY OF ENDORSEMENT DT. 9/5/2007 MADE BY R2. EXT.P7: COPY OF PHOTO OF KSIDC ROAD AT TOLL BOOTH POINT. EXT.P8: COPY OF TOLL RECEIPT DT. 2/7/2007 EXT.P9: COPIES OF PHOTO SHOWING THE CONSTRUCTION BLOCKING THE OLD ROAD AND OTHER PATHWAYS. EXT.P10:COPY OF PLAN AND REPORT DT. 24/5/2007 SUBMITTED BY VILLAGE OFFICER TO R2. EXT.P11: COPY OF NEWS PAPER REPORT DT. 7/7/07 IN MATHRUBHUMI DAILY. RESPONDENTS' EXHIBITS: EXT.R1(A): TRUE COPY OF REPORT DT. 24/5/2007. EXT.R1(B); TRUE COPY OF REPORT OF TAHSILAR , THALASSERY . S.R. Bannurmath, C.J. & A. K. Basheer J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WP (C)No. 16824 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of September, 2009. Judgment Basheer, J: Having heard Sri.Kaleeswaram Raj, learned counsel for the petitioners, Sri.Pathrose Mathai learned Senior counsel for respondent No.3 and learned Govt. Pleader for respondents 1 and 2 and having perused the materials available on record, we are not satisfied that this is a case in which the discretionary jurisdiction vested in this Court under Article 226 of the Constitution of India is to be invoked, especially since the issue involved in this petition falls within realm of disputed questions of fact. In our view, the matter has to be decided either by a civil court or any such other competent authority. 2. It is seen from the materials available on record that a petition under Section 133 of the Code of Criminal Procedure is pending before respondent No.2. If that be the position, we do not find any reason why the petitioners should not pursue the said remedy. Respondent No.2 shall decide the matter in accordance with law, expeditiously. 4. All the contentions of the parties are left open. The writ petition is closed in the above terms. S.R.Bannurmath, Chief Justice A.K. Basheer Judge an.