IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No. 34664 of 2008(B) -------------------------- PETITIONER(S): --------------- MATHAI RAJAN, S/O. M. MATHAI, RESIDING AT VALLITHUNDIL PEEDIKAYIL HOUSE, KADAMBANADU SOUTH MURI, KADAMBANADU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DIST. BY ADV. SRI.T.KRISHNANUNNI (SR) SRI.SAJU.S.A RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. 3. THE REVENUE DIVISIONAL OFFICER, R.D.O. OFFICE, ADOOR VILLAGE, ADOOR TLUK, PATHANAMTHITA. 4. THE TALUK TAHSILDAR, ADOOR, TALUK OFFICE, ADOOR VILLAGE, ADOOR TALUK,PATHANAMTITTA. BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.34664 OF 2008 ------------------------ Dated this the 28th day of January, 2009. JUDGMENT Petitioner is in possession of 2.10 ares of land in Survey No.315/1 of Kadambanad Village, situated at Kadambanadu junction facing Kadambanad-Enathu road and Kadambanad-Sasthamkotta road. According to the petitioner, the 4th respondent initiated proceedings for demolition of a portion of the building on the allegation that the plot having an area of 47 square meter was Purambokku land. The petitioner there upon made an application for its assignment and that was rejected. The appeal field was was also dismissed by the Revenue Divisional Officer. The revision filed before the Land Revenue Commissioner also was dismissed by Ext.P4. It is in these circumstances the writ petition is filed. WP(c).No.34664/08 2 2. Counsel contends that the plot in question as indicated in Ext.P1 sketch is unnecessary for the Government and therefore his application ought to have been favourably considered. However, a reading of Ext.P4 itself shows that during the course of the hearing, the Assistant Executive Engineer, PWD Roads Sub Division categorically took the stand that the land is needed for the expansion for the road. Admittedly, the land belongs to Government and if the Government needs the land for expansion of a road, this court will not be justified in interfering with such a decision. Therefore, I am not in a position to accept the contention raised by the petitioner . Writ petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.34664/08 3