IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 WP(C).No. 30150 of 2010(P) --------------------------------- PETITIONER(S): ------------------- 1. RAMACHANDRAN NAIR, AGED 73 YEARS,S/O.RAMACHANDRAN K, KRISHNA CYCLE WORKS, NALANCHIRA,NEAR COLLEGE STOP, NALANCHIRA PO,TRIVANDRUM DISTRICT. 2. C.GANESHAN, AGED 50 YEARS, S/O.CHELLAPPAN, S.N.TWO WHEELER WORKS, NALANCHIRA COLLEGE STOP, NALANCHIRA PO,TRIVANDRUM. 3. VIJAYA KUMAR, AGED 47 YEARS,S/O.APPUKUTTAN NAIR, MAHADEVA AUTO CONSULTANCY,NALANCHIRA COLLEGE STOP, NALANCHIRA PO,TRIVANDRUM. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): -------------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVT.DEPARTMENT OF PUBLIC WORKS,GOVT. SECRETARIAT,TRIVANDRUM-695 001. 2. THE TAHSILDAR, LAND ACQUISITION, STATE HIGH WAY, M.C.ROAD, TRIVANDRUM-695 001. 3. THE DISTRICT COLLECTOR, TRIVANDRUM-695 001. 4. THE ADDITIONAL DISTRICT MAGISTRATE, TRIVANDRUM-695 001. 5. THE ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, NATIONAL HIGHWAY,BYE PASS SUB DIVISION, TRIVANDRUM-695 001. R1 TO R5 BY GOVT.PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 30150 of 2010 P ``````````````````````````````````````````````````````` Dated this the 5th day of October, 2010 J U D G M E N T Petitioners challenge Exts.P11 and P12, notices issued by the fifth respondent, requiring them to vacate from the places occupied by them in the road puramboke, in order to enable the respondents to continue with the road widening project. Petitioners state that they are interested persons and, therefore, they cannot be evicted otherwise in accordance with law. 2. If, as stated by the petitioners, their buildings are not unauthorised constructions as described in Exts.P11 and P12, and if they are entitled for any benefit, it is open to the petitioners to take up the matter with the fifth respondent, who has issued the notices. So long as the allegation in Exts.P11 and P12 to the effect that the buildings are constructed in road puramboke obstructing the project of road widening stands unrebutted, this Court will not be justified in interfering WPC.30150/2010 : 2 : with the notices and prevent implementation of the said project. Therefore, leaving it open to the petitioners to move the fifth respondent, claiming the benefits to which they are entitled to, this writ petition is disposed of. (ANTONY DOMINIC, JUDGE) aks