IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 WA.No. 2892 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.13148/2006 Dated 15/07/2009 .................... APPELLANT/PETITIONER: --------------------------- SUNNY PHILIP, EDAPPALLIL HOUSE, S.H.MOUNT P.O., KOTTAYAM, 686 006 (NOW AT NAPCO, P.B.NO.206, DEMMAM, SAUDI ARABIA). BY ADV. SRI.MATHEW PHILIP EDAPPALLIL RESPONDENTS/RESPONDENTS: ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT (ROADS), SECRETARIAT, THIRUVANANTHAPURAM 2. THE SPECIAL TAHSILDAR, LAND ACQUISITION, (N.H), CHANGANACHERRY. 3. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (KSTP) MUVATTUPUZHA. BY SENIOR GOVT. PLEADER, SMT. K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Raman, Ag. C.J. & C.N.Ramachandran Nair, J. ------------------------------------------ W.A.No.2892 of 2009 ------------------------------------------ Dated this the 22nd day of February, 2010 JUDGMENT P.R.Raman, Ag. C.J. This is a case where for widening of a public road land is sought to be acquired by issuing a notification. It so happened that portion of a well is covered by the notification. The appellant/petitioner approached this Court for a direction that the well may be excluded. However, the learned Single Judge found that though what was notified is portion of the well, in the factual situation it is not possible to do so and therefore, the entire well should have been acquired. Aggrieved thereby, the petitioner has come up in appeal. 2. Learned counsel submits that the appellant does not intend to use it as a well and he only wants to save that much portion of the land covered by the well, to which course learned Government Pleader has no objection. W.A. No.2892 of 2009 - 2 - 3. In such circumstances, the writ appeal is disposed of with a direction that the appellant will fill up the entire well and the extent that is already notified will be taken possession of by the respondents. The filling up of the well shall be done by the appellant within a period of three weeks from today failing which the respondents will be free to proceed with the acquisition as notified. P.R.Raman, Ag. Chief Justice C.N.Ramachandran Nair, Judge vns