IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 WP(C).No. 29641 of 2010(E) ---------------------------------------- PETITIONER(S): ----------------------- M/S. KORATH GULF LINKS BUILDERS PVT.LTD., HAVING ITS REGISTERED OFFICE AT 5TH FLOOR, LALAN TOWERS, BANERJI ROAD, ERNAKULAM, REPRESENTED BY ITS MANAGER, MR.K.S. MANMADHAN NAIR. BY ADV. SRI.BABU KARUKAPADATH, SMT.M.A.VAHEEDA BABU, SRI.JAGAN GEORGE, SRI.K.A.NOUSHAD, SRI.P.G.PRAMOD, SRI.KANDAMPULLY RAHUL. RESPONDENT(S): -------------------------- 1. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, NEAR CIVIL STATION, KOZHIKODE, PIN-673 001. 2. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, NEAR CIVIL STATION, KOZHIKODE, PIN-673 001. 3. THE ASSISTANT ENGINEER, PUBLIC WORKS DEPARTMENT, NEAR CIVIL STATION, KOZHIKODE, PIN-673 001. R1 TO R3 BY GOVT. PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.29641 of 2010 (E) --------------------------------- Dated, this the 27th day of September, 2010 J U D G M E N T Petitioner submits that as per Ext.P1 sale deed, they have title and possession of 40.43 cents of land in Re-survey No.475 (Old survey No.142/4) in Block No.12 in Puthiyangadi village, Kozhikkode Taluk. It is stated that under the guise of road widening, the respondents have threatened to trespass into a portion of their property and demolish the compound wall. Thereupon the petitioner submitted Ext.P7 to the 1 st respondent. But there was no response. That led the petitioner to file this writ petition. 2. In order to effectively resolve the controversy raised in the writ petition, it will be necessary to adjudicate the factual issues, such as the extent of the property, boundary etc. Such an adjudication cannot be undertaken in a writ petition and therefore, the petitioner will have to necessarily pursue their remedies before the Civil Court. In that view of the matter, I am not persuaded to WP(C) No.29641/2010 -2- entertain the writ petition. However, in order to enable the petitioner to seek their remedies before the Civil Court, I direct that status quo as on today in so far as the petitioner' property shall be maintained for a period of two weeks from today. The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 1st respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg