IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 11296 of 2009(F) -------------------------- PETITIONER(S): --------------- PHILIPOSE THOMAS, S/O.PHILIPOSE, AGED 72 YEARS, SANKARATHIL THOS VILLA, KURAMPALA MURI, ADOOR TALUK. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- 1. THE SUPERINTENDING ENGINEER, THE KERALA STATE TRANSPORT PROJECT, PULAMON, KOTTARAKKARA. 2. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, PATHANAMTHITTA. 4. ASSISTANT ENGINEER, P.W.D., PANDALAM. 5. EXECUTIVE ENGINEER, PWD, PANDALAM. 6. CHIEF ENGINEER, KERALA STATE TRANSPROT PROJECT, KILLIPPALAM, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.11296 of 2009 ================== Dated this the 6th day of April, 2009 J U D G M E N T On a complaint that the respondents are encroaching into the petitioner's property for widening the M.C.Road, the petitioner filed a suit and obtained an injunction. However, according to the petitioner, violating that injunction order, the respondents completed the construction of the road allegedly encroaching into the petitioner's land. Now the petitioner has resigned himself to his fate and has decided to seek compensation for the land. Seeking compensation the petitioner has filed Ext.P11 petition before the 1st respondent. The petitioner now confines his relief for a direction to the 1st respondent to dispose of Ext.P11 expeditiously. 2. I have heard the learned Government Pleader also. 3. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P11 petition, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. However, I hasten to add that I have not considered any of the allegations or contentions of the petitioner on merits and it would be open to the 1st respondent to consider every aspect of the case independently on his own. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2