IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 WP(C).No. 9957 of 2010(T) ------------------------- PETITIONER(S): --------------- THOMAS MATHEW, AGED 38 YEARS, S/O.MATHACHAN, ERETHARAYIL HOUSE, EDATHUVA, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, JOSEPH MATHEW, AGED YEARS, S/O.MATHACHAN, ERETHARAYIL HOUSE, EDATHUVA, ALAPPUZHA DISTRICT. BY ADV. SRI. K.SHAJ SRI.SANTHOSH S.A. SRI.SAJJU.S SMT.REXY ELIZABETH THOMAS RESPONDENT(S): --------------- EDATHUVA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, EDATHUVA P.O., EDATHUVA ALAPPUZHA DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).9957/2010 -------------------- Dated this the 24th day of March, 2010 JUDGMENT Reserving the right of the respondent Panchayat to seek review of this judgment, if necessary, the writ petition is disposed of in the following manner. 2. Petitioner submits that he and his wife are enjoying possession of 11 cents of land comprised in Survey Nos.400/5A, 400/10A and 400/10B of Edathuva Village. Ext.P2 is the sale deed. According to the petitioner, Panchayat proposes to widen a road through the eastern side of the property annexing a portion of the petitioner's property as well. It is stated that no portion of the property has been acquired or surrendered by them and therefore, the proposal of the Panchayat is illegal. 3. If as stated by the petitioner, no portion of the property has been acquired and the owners have not surrendered any portion of their property, nobody can trespass into the property belonging to the petitioner and widen the road. W.P.(C).9957/10 2 4. Therefore it is directed that in the absence of any acquisition or surrender, no portion of the property shall be made use of for widening the Panchayat road. Petitioner may produce a copy of this judgment along with the copy of the writ petition before the respondent for compliance. ANTONY DOMINIC, Judge mrcs