IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 26403 of 2011(A) ---------------------------------- PETITIONER(S): ---------------------- 1. M.J.FRANCIS, MALIYEKKAL HOUSE, PATHAMTHURUTH ROAD, NORTH PARAVUR-683 513. 2. E.I.THOMAS, ERALIL HOUSE, NEAR G.G.H.S., NORTH PARAVUR-683 513. BY ADV. SRI.DINESH R.SHENOY SRI.G.HARIKRISHNAN (TRIPUNITHURA) RESPONDENT(S): ----------------------- 1. THE ASSISTANT EXECUTIVE ENGINEER, P.W.D., O/O. NATIONAL HIGHWAY AUTHORITY OF INDIA, NH-49, DEVIKULAM-685 612. 2. THE VILLAGE OFFICER, VILLAGE OFFICE, PALLIVASAL-685 565. 3. THE REVENUE DIVISIONAL OFFICER, O/O. REVENUE DIVISIONAL OFFICER, DEVIKULAM-685 612. BY GOVT. PLEADER SRI.MUHAMMED SHAH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU WP(C).No. 26403 of 2011(A) APPENDIX PETITIONER(S) EXHIBITS : EXT.P1 : TRUE PHOTOCOPY OF PATTA NO.13978 PALLIVASAL VILLAGE ISSUED BY SPECIAL TAHSILDAR(LA), DEVIKULAM. EXT.P2 : TRUE PHOTOCOPY OF THE PATTA NO.13977 DTD.3.2.1994 ISSUED BY THE SPECIAL TAHSILDAR(LA), DEVIKULAM. EXT.P3 : TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT NO.36953781 DTD.15.4.08 ISSUED TO THE 1ST PETITIONER BY THE 2ND RESPONDENT. EXT.P4 : TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT NO.4503337 DTD.14.5.09 ISSUED TO THE 1ST PETITIONER BY THE 2ND RESPONDENT. EXT.P5 : TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT NO.4503336 DTD.14.5.09 ISSUED TO THE 2ND PETITIONER BY THE 2ND RESPONDENT. EXT.P6 : TRUE PHOTOCOPY OF POSSESSION CERTIFICATE NO.703/99 DTD.5.4.99. EXT.P7 : TRUE PHOTOCOPY OF POSSESSION CERTIFICATE NO.704/99 DTD.5.4.99. EXT.P8 : TRUE PHOTOCOPY OF PROPERTY TAX RECEIPT DTD.5.3.05 ISSUED BY THE 2ND RESPONDENT. EXT.P9 : TRUE PHOTOCOPY OF PROPERTY TAX RECEIPT DTD.18.5.09 ISSUED BY THE 3RD RESPONDENT. EXT.P10: TRUE PHOTOCOPY OF RECEIPT NO.26 ISSUED TO THE 1ST PETITIONER DTD.15.1.08, PALLIVASAL VILLAGE. EXT.P11: TRUE PHOTOCOPY OF RECEIPT NO.1 ISSUED TO THE 2ND PETITIONER DTD.10.3.05, PALLIVASAL VILLAGE. EXT.P12: TRUE PHOTOCOPY OF THE PETITION DTD.3.2.05 SUBMITTED BY THE 1ST PETITIONER BEFORE THE R.D.O., DEVIKULAM. EXT.P13: TRUE PHOTOCOPY OF THE PETITION DTD.3.2.05 SUBMITTED BY THE 2ND PETITIONER BEFORE THE R.D.O., DEVIKULAM. EXT.P14: TRUE PHOTOCOPY OF THE REPRESENTATION DTD.13.12.2010 SUBMITTED BY THE 1ST PETITIONER. EXT.P15: TRUE PHOTOCOPY OF THE REPRESENTATION DTD.13.12.2010 SUBMITTED BY THE 2ND PETITIONER. EXT.P16: TRUE PHOTOCOPY OF RENT AGREEMENT DTD.15.12.2010. EXT.P17: PHOTOGRAPHS OF THE PETITIONERS' PROPERTY SHOWING THE OLD ROAD WHICH HAD EXISTED AND THE NEW 8 FEET CUTTING. EXT.P18: TRUE PHOTOCOPY OF STOP MEMO DTD.9.9.2011 ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS : NIL //TRUE COPY/ STU P.A TO JUDGE. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 26403 of 2011 A ``````````````````````````````````````````````````````````` Dated this the 28th day of October, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ First petitioner is the owner of .21 Acres of land in Survey No.33 of Pallivasal village and the 2nd petitioner owns another property having an extent of 2.10 Acres in the same survey number. It is stated that, since obtaining patta, copies of which are Exts.P1 and P2, they have been possession and enjoyment of the properties. Exts.P3 to P9 are the tax receipts and possession certificates. 2. According to the petitioners, from their properties in question, there was a road leading to NH 49 and that, as a result of widening of the road, they have lost their access to the main road. In order to restore the access of the road, when they started repairing of the existing road, Ext.P18 stop memo was issued. It is thereupon this writ petition has been filed. W.P.(C) No.26403/2011 : 2 : 3. Learned Government Pleader has obtained instructions in the matter. According to him, since the access road that was attempted to be laid by the petitioners was opening to a culvert, the work was stopped by the second respondent by issuing Ext.P18. It is stated that if at all the petitioners want to have such a road, it is open to them to make an application to the Executive Engineer and that thereupon, the Executive Engineer shall inspect the property and pass appropriate orders in the matter. 4. Now that such a submission has been made by the learned Government Pleader, it will be open to the petitioner to make an application to the Executive Engineer, in which event, it is directed that, on receipt of the application, immediately the property of the petitioners shall be inspected and necessary orders enabling the petitioners to have access to the main road shall be passed. It is directed that such orders shall be passed, at any rate, within two weeks from the date of receipt of the application along with a copy of this W.P.(C) No.26403/2011 : 3 : judgment and writ petition. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/28/10 // True Copy // P.A. To Judge