IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WP(C).No. 10751 of 2007(E) -------------------------- PETITIONER(S): --------------- ANCY KRAUSS,W/O.DR.WOLFGANG KRAUSS, KRAUSS VILLA,KAYIPPURAM,MUHAMMA P.O,ALAPPUZHA. BY ADV. SRIR.AZAD BABU RESPONDENT(S): --------------- 1. VILLAGE OFFICER,THANNEERMUKKOM SOUTH, CHERTHALA TALUK,ALAPPUZHA DISTRICT. 2. THE ADDITIONAL TAHSILDAR,CHERTHALA TALUK OFFICE,CHERTHALA,ALAPPUZHA DISTRICT. 3. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR,ALAPPUZHA. MR.DILEEP MOHAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.10751/2007 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF LAND TAX RECEIPT DATED 22/02/2007 ISSUED BY R1. P2 : COPY OF NOTICE DATED 22/02/2007 ISSUED BY R2. P3 : COPY OF REPLY GIVEN BY THE PETITIONER ON 03/03/2007. P4 : COPY OF NOTICE ISSUED BY R1 DATED 23/03/2007. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.10751 of 2007 --------------------------------- Dated, this the 13th day of October, 2009 J U D G M E N T Challenge in the writ petition is against Ext.P4, an order issued by the 1st respondent requiring demolition of a retaining wall. 2. The learned Government Pleader submits that the said order was issued on the assumption that the petitioner had encroached upon kayal puramboke and completed the construction. It is stated that subsequently, the Survey Superintendent in his report to the RDO, stated that there has not been any encroachment as originally assumed. If that be the factual position, there is no question of enforcing Ext.P4 against the petitioner. Clarifying the position as above, the writ petition is closed. (ANTONY DOMINIC, JUDGE) jg