IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 WP(C).No. 34064 of 2010(S) ------------------------------------ PETITIONER(S): -------------------- N.V.VARGHESE,AGED 52 YEARS, S/O.VEREETH,NAZHIYAMPARA HOUSE, MELOOR PO MELOOR. BY ADV. SRI.BABU CHERUKARA SRI.P.ANTO THOMAS RESPONDENT(S): --------------- 1. THE SECRETARY, PUBLIC WORKS DEPARTMENT SECRETARIAT,THIRUVANANTHAPURAM. PIN-695 001. 2. THE EXECUTIVE ENGINEER, PWD,ROADS DIVISION, TRISSUR. PIN - 680 020. 3. THE DISTRICT COLLECTOR, TRISSUR, COLLECTORATE AT AYYANTHOLE, TRISSUR-PIN 680 003. SR.GOVT.PLEADER SRI.BENNY GERVASIS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).NO.34064/2010 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: COPY OF IST PAGE OF GAZETTE NOTIFICATION NO.2708/D2/2000/PWD DATED 7.4.2000 AND RELEVANT PAGE SHOWING THE ENTRY OF MURINGOOR - EZHATTUMUGHAM ROAD SL.NO.189. EXHIBIT P2: COPY OF THE DECISION TAKEN IN THE NEETHIMELA ON 7.7.1999. EXHIBIT P3: COPY OF REQUEST DATED 30.9.2003 BY RAJAN PERINCHERRY TO THE DISTRICT COLLECTOR & OTHERS. EXHIBIT P3(a): TRUE ENGLISH TRANSLATION OF EXHIBIT P3. EXHIBIT P4: COPY OF PETITION FILED BY SAJEEV DEVIS K. TO THE FIRST RESPONDENT, DATED 5.12.2005. EXHIBIT P4(a): TRUE ENGLISH TRANSLATION OF EXHIBIT P4. EXHIBIT P5: COPY OF COUNTER AFFIDAVIT IN WP(C).NO.3915/2006 BY TH 2ND RESPONDENT. EXHIBIT P6: COPY OF JUDGMENT IN WP(C).NO.3915/2006 DATED 16.3.2006. EXHIBIT P7: COPY OF REPLY DATED 30.7.2009 BY THE ASISTANT EXECUTIVE ENGINEER, PWD. EXHIBIT P7(a): TRUE ENGLISH TRANSLATION OF EXHIBIT P7. EXHIBIT P8: COPY OF REPLY DATED 29.1.2009 BY THE VILLAGE OFFICER, MELOOR. EXHIBIT P8(a): TRUE ENGLISH TRANSLATION OF EXHIBIT P8. EXHIBIT P9: COPY OF REPLY DATED 26.4.2007 BY THE TALUK SURVEYOR, MUKUNDAPURAM, IRINJALAKUDA. EXHIBIT P9(a): TRUE ENGLISH TRANSLATION OF EXHIBIT P9. EXHIBIT P10: COPY OF REPLY DATED 18.6.2007 ASSISTANT EXECUTIVE ENGINEER ROAD SECTION, CHALAKUDY. EXHIBIT P10(a): TRUE ENGLISH TRANSLATION OF EXHIBIT P10. EXHIBIT P11: COPY OF LETTER DATED24.1.2008 BEARING NO.45/08 SENT BY VILLAGE OFFICER, MELOOR. EXHIBIT P11(a): TRUE ENGLISH TRANSLATION OF EXHIBIT P11. EXHIBIT P12: COPY OF REPLY DATED 1.10.2010 BY VILLAGE OFFICER, MELOOR. EXHIBIT P12(a): TRUE ENGLISH TRANSLATION OF EXT.P12. EXHIBIT P13: TRUE TYPED COPY OF THE LETTER DATED 4.9.2007 BY THE EXECUTIVE ENGINEER. EXHIBIT P14: COPY OF PHOTOSTAT COPY OF REPLY DATED 23.5.2008 BY TAHSILDAR, MUKUNDAPURAM. EXHIBIT P14(a): COPY OF ENGLISH TRANSALTION OF EXHIBIT P14. EXHIBIT P15: COPY OF LETTER BY DISTRICT SURVEY SUPDT. TO SAJEEV DAVIS DT.3.9.08. EXHIBIT P15(a): ENGLISH TRANSALTION OF EXHIBIT P15. /TRUE COPY/ PS TO JUDGE J. CHELAMESWAR, C.J & ANTONY DOMINIC, J. ---------------------------------------------- W.P(C).No. 34064 of 2010 ---------------------------------------------- Dated this the 16th day of March, 2011 JUDGMENT Antony Dominic, J. This Writ Petition is filed as a public interest litigation with the following prayers: “(a) issue a writ of mandamus or any other writ or order directing the respondents to measure out the entire road purambokes in Muringoor - Ezhattumugham Major P.W.D. Road in Trissur District and to fix the exact boundary of the road. (b) issue a writ of mandamus or any other appropriate writ or order directing the respondents to evict all the encroachers from the road purambokes in Muringoor - Ezhattumugham Major P.W.D road in Trissur District in a reasonable time frame. (c issue a writ of mandamus or any other appropriate writ or order directing the respondents to expand the width of the above road to it's maximum possible level keeping the position of drainage etc. to the above road outer boundaries. (d) issue any other orders as this Hon'ble Court deems fit and proper in the facts and circumstances of the case and also those are prayed for.” WP(C).34064/10 2 2. From Exhibit P1 produced by the petitioner, it would appear that the distance of the road mentioned in the prayers is 11.2 kms. The prayer sought for in the Writ Petition is mainly to demarcate the road and to evict the alleged unauthorised encroachers. Although these reliefs will affect the alleged encroachers, the petitioner has not chosen to implead any one of those persons, who will definitely be affected, if any of the orders sought by the petitioner are passed by this Court in this Writ Petition. We are satisfied that in the absence of such affected parties, the petitioner cannot seek any such omnibus directions from this Court. For that reason itself, this Writ Petition fails and we dismiss the same. J.CHELAMESWAR, CHIEF JUSTICE ANTONY DOMINIC, JUDGE vgs