IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 1171 of 2010(V) -------------------------------------- PETITIONER(S): ------------------------ SARAMMA, AGED 50 YEARS, W/O.MATHAI, THAZHATHEKKUDY HOUSE,PERUMENI, ARACKAPPADY VILLAGE, VENGOLA KARA, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. MR.SIRAJ KAROLY RESPONDENT(S): --------------------------- 1. THE ASSISTANT EXECUTIVE ENGINEER, P.W.D. ROADS, (LBS SCHEME) PERUMBAVOOR, P.O.PERUMBAVOOR. 2. THE EXECUTIVE ENGINEER P.W.D. ROADS, (LBS SCHEME) MUVATTUPUZHA, P.O.MUVATTUPUZHA. 3. THE CHIEF ENGINEER, (ROADS) CHIEF ENGINEER'S OFFICE,MUSEUM,THIRUVANANTHAPURAM. 4. THE STATE OF KERALA, REP BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.1171 OF 2010 --------------------------------------- Dated this the 28th day of January, 2010. J U D G M E N T The petitioner is the absolute owner and in possession of 2 acres, 28.5 cents of property situated in Arackappady village, Perumani on the western side of Perumani Ottathani panchayath road. The property is planted with rubber trees and various other crops. The residential house of the petitioner is situated on the northern side of the property. 2. The main complaint raised in the writ petition is that for the formation of a new road by name Thankalam-Kakkanad four line Highway, a survey was made two months back and officials from the 1st and 2nd respondents' office along with surveyors demarcated the petitioner's property towards south from the residential house and the well and put survey stone. The petitioner has no objection to provide the land for developmental W.P.(C) No.1171/2010 2 activities. The complaint is that in order to save a rich quarry owner and the industrialist who purchased large extent of property in the south-western part of the petitioner's property, the 1st and 2nd respondents have decided to shift the alignment towards west and on 01.01.2010, a new survey was made by shifting the road towards further north. Aggrieved by the same, the petitioner has filed Exhibit P4 representation before the respondents 1 and 2. Having failed to get any reply in the matter, the petitioner has filed this writ petition. 3. Learned Government Pleader on instructions submitted that the alignment was fixed by the Chief Engineer originally and any change can be made only with the approval of the competent authority. It is submitted that the Survey Department has not fixed the alignment so far. So many complaints have been raised along with that of the petitioner and the same will be processed and appropriate decision will be taken in the matter. Therefore, there will be a direction to the respondents 1 and 2 to consider the grievance raised in Exhibit P4 and after W.P.(C) No.1171/2010 3 considering the same, appropriate action will be taken and a reply will be given to the petitioner in the matter before proceeding with the work. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp