IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 WP(C).No. 29578 of 2009(N) -------------------------------------- PETITIONER: ------------------- K.SASIDHARAN, THEKKUMKATTIL, NEAR SARASWATHY VIDHYABHAVAN, THODUPUZHA. BY ADVS. MR.P.P.THAJUDEEN, MR.MANSOOR.B.H. RESPONDENTS: ------------------------ 1. MUNCIPAL COUNCIL, THODUPUZHA MUNCIPALITY, REP.BY ITS CHAIRMAN, MUNCIPAL OFFICE, THODUPUZHA. 2. THODUPUZHA MUNCIPALITY, REP.BY ITS SECRETARY, MUNCIPAL OFFICE, THODUPUZHA. R1 & R2 BY MR. P.K. SOYOZ, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------- W.P.(C) No.29578 OF 2009 -------------------------------------- Dated this the 28th day of October, 2009 J U D G M E N T ~~~~~~~~~~~ The petitioner is aggrieved by the attempt to widen a road and thereby encroaching into his property. It is stated by the counsel for the Municipality that the property of the petitioner has not been acquired and he has not consented to any relinquishment. However, the Municipality would say that the petitioner's title is not admitted since the petitioner has not produced any title deed. Whatever that be, no land shall be taken without proper relinquishment or acquisition in accordance with law. The Writ Petition is ordered accordingly. (THOTTATHIL B. RADHAKRISHNAN, JUDGE) ps