IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 4186 of 2009(W) ------------------------------- PETITIONER(S): --------------- JOSEPH FRANKLIN, ADVOCATE, AVITTOMPILLIL HOUSE, TATA PIPE LINE ROAD, KOCHI - 18. BY ADV. MR.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): ------------------- 1. CORPORATION OF COCHIN, REP. BY ITS SECRETARY, OFFICE OF THE COCHIN CORPORATION COCHIN - 11. 2. AMRITHA INSTITUTE OF MEDICAL SCIENCES, REP. BY ITS SECRETARY, ELAMAKKARA P.O., EDAPPALLY, ERNAKULAM DISTRICT. 3. VICTORIA, W/O.JOSEPH, MALIEKKAL HOUSE, PONEKKARA, ELAMAKKARA P.O., EDAPPALLY, MR. S. RAMESH BABU - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No. 4186 OF 2009 ---------------------------------------- Dated this the 17th day of March, 2009 JUDGMENT The petitioner is aggrieved by the attempt on the part of the 1st respondent Corporation to cut open a road through the petitioner's property without resort to proceedings for acquisition under the Land Acquisition Act. Earlier, there was a suit between the petitioner and the 2nd respondent in respect of the right of way over an alleged road through the petitioner's property. That ended in Ext.P3 judgment in a civil suit in favour of the petitioner. While that suit was pending, the Corporation issued Ext.P8 whereby the petitioner was informed that till the dispute between the petitioner and the 2nd respondent is settled in the Civil Court, the Corporation does not propose to develop or repair the disputed portion of the road. 2. I have heard the learned Standing Counsel for the Corporation also. The learned Standing Counsel for the Corporation submits that now that the civil suit has been W.P.(c)No.4186/09 2 disposed of in favour of the petitioner, the Corporation has no intention to develop the road through the petitioner's property without resorting to acquisition proceedings. This submission is recorded and the writ petition is closed. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.4186/09 3