IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WA.No. 2426 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.907/2008 Dated 04/11/2008 .................... APPELLANTS/PETITIONERS: ------------------------------------- 1. P.M.MATHEW, AGED 77, S/O.MATHEW PERUMATTIKUNNEL (H) VELLILAPILLY VILLAGE AIMKOMPU KARA,MEENACHIL TALUK PALAI. 2. CHINNAMMA MATHEW, AGED 70 YEARS, W/O.P.M.MATHEW, PERUMATTIKUNNEL (H) VELLILAPILLY VILLAGE,AIMKOMPU KARA,MEENACHIL TALUK PALAI. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.P.J.JOSEPH SRI.M.D.SASIKUMARAN SRI.SUNIL KUMAR A.G RESPONDENTS/RESPONDENTS: ------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT GOVT.SECRETARIAT,THIRUVANANTHAPURAM 2. CHIEF ENGINEER (PROJECTS) KERALA STATE TRANSPORT PROJECTS (KSTP) RAJADHANI COMPLEX, KARAMANA P.O., THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR CIVIL STATION, KOTTAYAM. 4. SPECIAL THASILDAR, LAND ACUISITION NATIONAL HIGHWAYS, POOKUNNAM. 5. EXECUTIVE ENGINEER KSTP, KANJIRAPILLY 686 507. 6. WORLD BANK, INDIAN OPERATIONS 70, LODHI ESTATE, NEW DELHI-3 REPRESENTED BY ITS COUNTRY DIRECTOR, INDIA. BY GOVT. PLEADER SMT. K. MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.CJ & V.K.MOHANAN, J. ================================ W.A.No.2426 of 2008 =============================== Dated this the 17th day of December, 2008. J U D G M E N T KOSHY, Ag.CJ. Petitioner wants realignment of the proposed widening of Punaloor-Muvattupuzha state highway in its reach from Thodupuzha to Palai. Petitioner is holding 70.42 cents of land in Rs.No.115/4/-1 of Vellilappalli Village in Meenachil Taluk. According to the petitioner, if 50 cents of his property is acquired, there will not be suitable place to locate the well and septic tank. Learned Judge refused to entertain the writ petition based on a decision of the Supreme Court in Nasik Municipal Corporation v. Harbanslal Laikwent Rajpal and others (1974 (4) SCC 199). We fully agree with the decision taken by the learned Single Judge and accordingly the appeal is dismissed. J.B.KOSHY, ACTING CHIEF JUSTICE V.K.MOHANAN, JUDGE bkn/-