IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 WP(C).No. 9245 of 2010(E) ------------------------- PETITIONER(S): --------------- 1. MANI W/O. LATE SASIDHARAN, AAKKAPPILLY HOUSE, MATTATHUR VILLATE KODALY DESOM, P.O. PADY, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. MANOJ, S/O. SIVARAMAN, KARUMALIYIL HOUSE, MATTATHUR VILLAGE, KODALY DESOM,P.O. PADY, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.SAJU J.VALLYARA SRI.K.N.VINODKUMAR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, AYYANTHOLE, THRISSUR - 3. 2. THE ASSISTANT EXECUTIVE ENGINEER, P.W.D.SUB DIVISION, IRINJALAKUDA, THRISSUR DISTRICT. 3. THE SUPERINTENDENT OF LAND SURVEY & RECORDS, AYYANTHOLE, THRISSUR -3. BY GP P N SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No. 9245 OF 2010 ----------------------------------------------------- DATED THIS THE 23rd DAY OF MARCH, 2010 J U D G M E N T Aggrieved by Exhibit P1 notice issued by the Assistant Executive Engineer as per the Kerala Land Conservancy Rules, the petitioners have filed this Writ Petition. It is their case that the petitioners are in possession of various items of properties at Kodakara -Vellikulangara Road. As part of the widening of the said road, steps are being taken by the respondents to measure and demarcate its width and earmark the points. Accordingly, Exhibit P1 notice was issued, after the survey. The allegation raised in the notice is that there is an encroachment into the PWD road. On receipt of Exhibit P1 notice, the parties have submitted objections before the 2nd respondent as per Exhibits P2 and P3. They have also moved the 3rd respondent to conduct a proper re- survey of their properties as per Exhibits P4 and P5. 2. Heard the learned Government Pleader appearing for the respondents. It is pointed out that resurvey was conducted and it was after finding out the encroachment, the said W.P.(C)No.9245/10 -2- notice was issued. 3. Since the petitioners have filed Exhibit P2 and P3 objections, there will be a direction to the 2nd respondent to consider the same and communicate the decision through a speaking order to the petitioners within a period of three weeks from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the Writ petition along with a copy of the judgment for compliance. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn