IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 10142 of 2010(P) -------------------------- PETITIONER: --------------- ALICE, W/O. JOSEPH, MARY SADAN, KANJIRACODE, KUNDARA.P.O, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. 2. TAHSILDAR, OFFICE OF THE TALUK OFFICE, KOLLAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, ROADS SECTION, PWD KOLLAM DISTRICT. 4. THE ASSISTANT ENGINEER, ROADS SECTION, PWD KOLLAM DISTRICT. GOVERNMENT PLEADER SHRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 10142 of 2010-P - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of April, 2010. JUDGMENT In this writ petition, the petitioner seeks to challenge Ext.P4 notice issued by the Assistant Engineer directing the petitioner to vacate the encroachment on the side of Kanjiramcode Christraj Kundara Ceramic road. It is further informed that unless the encroachment is removed, further action under Section 7A of the Land Conservancy Act will be taken against the petitioner. 2. The petitioner contends that there is no encroachment as such. There was also a civil suit filed as O.S. No.115/1984 restraining the second respondent from demolishing the western and northern stone walls and fence. 3. Learned Govt. Pleader on instructions, submitted that this notice was issued after a detailed survey and a sketch as well as a plan have been prepared. The details of encroachment have been clearly mentioned therein and notices have been issued to all the respective parties. A reading of Ext.P4 shows that details are lacking therein either with regard to the extent of encroachment or with regard to the area of the road where the petitioner wpc 10142 /2010 2 is alleged to have encroached upon. 4. In that view of the matter, the Assistant Engineer will issue a fresh notice containing all details, to all the parties including the petitioner. Before proceeding further, such a notice will be issued and sufficient time will be given to the petitioner to submit objection also. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/