IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 19715 of 2007(V) -------------------------- PETITIONER(S): --------------- NISSAR AHAMMED, S/O.K.M.KHADER SHAH, RESIDING AT 'THANJU', MALAMPUZHA ROAD, OLAVAKKODE KAVILPAD, PALAKKAD TALUK. (THE PETITIONER IS REP. HEREIN BY HIS POWER OF ATTORNEY HOLDER K.M.KHADER SHAH, RESIDING AT 'THANJU', MALAMPUZHA ROAD, OLAVAKKODE, KAVILPAD, PALAKKAD TALUK). BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SRI.JIBU P THOMAS RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, P.W.D.ROADS DIVISION, SECTION-II, CIVIL LINES, PALAKKAD. 3. THE TAHSILDAR, PALAKKAD TALUK. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. --------------------------- W.P.(C) No.19715 of 2007 --------------------------- Dated this the 3rd day of June, 2009 JUDGMENT The petitioner's apprehension is that the land belonging to him will be taken possession of by the respondents for the purpose of construction of a revetment to a bridge without resorting to the provisions of the Land Acquisition Act. 2. This apprehension is denied in the statement filed by the 2nd respondent, wherein it is affirmed that the Public Works Department does not propose to construct any drainage in the petitioner's property and the construction is being done in the Government property, which is marked by the Village Officer, Palakkad. Learned counsel for the petitioner seeks permission to prosecute his remedies before the Civil Court. Without prejudice to the petitioner's right, the writ petition is closed. Sd/- (V.GIRI) Judge sk/ //true copy// P.S. to Judge