IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 4871 of 2005(E) ------------------------------------- PETITIONER: ------------------- DR. C. MADHAVAN NAIR, S/O. LATE BALAKRISHNAN NAIR, SARADA NILAYAM, CHIRAPARAMBATH, POST CHALAVARA, OTTAPALAM TALUK, PRESENTLY RESIDING AT 221, JYOTHI NILAYAM, 8TH CROSS, VIVEKANANDA ROAD, RAMAMOORTHY NAGAR, BANGALORE-16. BY ADV. SMT.T.D.RAJALAKSHMI, ADV. SRI.R.SREEHARI. RESPONDENTS: ----------------------- 1. CHALAVARA GRAMA PANCHAYAT, CHALAVARA, OTTAPALAM TALUK, PALAKKAD DISTRICT, REPRESENTED BY ITS SECRETARY. 2. SHRI CHANDRA BABU, PRESIDENT, CHALAVARA GRAMA PANCHAYAT, CHALAVARA, OTTAPALAM TALUK, PALAKKAD DISTRICT. 3. SMT. C.P. PRABHAVATHI, WARD MEMBER, CHALAVARA GRAMA PANCHAYAT, CHALAVARA, OTTAPALAM TALUK, PALAKKAD DISTRICT. ADV. SRI.P.VIJAYA BHANU FOR R1 TO R3, ADV. SRI.M.GEORGE THOMAS FOR R1 TO R3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.4871/2005-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DOCUMENT IN RESPECT OF 37 CENTS OF LAND IN SY. NO. 128/17 OF CHALAVARA VILLAGE. EXT.P.2: BASIC TAX RECEIPT DT. 21/01/05 IN RESPECT OF 37 CENTS IN SY. NO. 128/17 OF CHALAVARA VILLAGE. EXT.P.3: ROUGH SKETCH OF TRACTOR BUND ROAD THROUGH THE PETITIONER'S PROPERTY. EXT.P.4: COPY OF THE PHOTOGRAPH OF THE ROAD CONSTRUCTED IN THE PETITIONER'S PROPERTY. EXT.P.5: COPY OF THE PHOTOGRAPH OF THE ROAD CONSTRUCTED IN ACCORDANCE WITH THE SCHEME PROPOSED. EXT.P.6: COPY OF THE REGISTERED NOTICE DT. 22/01/2005 ISSUED TO THE RESPONDENTS. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.4871 of 2005 ---------------------------------------------- Dated 18th July, 2008. J U D G M E N T In the matter of construction of a road through petitioner's property, there is already an interim order dated 10.2.2005, which reads as follows :- “Notice by special messenger. There will be a stay of further construction of Chalavara Post office – Pulinthara Tractor Bund Road passing through the petitioner's property. In other words, the construction of the road and other works may go on, excepting the area passing through the petitioner's property. Post on 14.2.2005 for further orders.” The writ petition is hence disposed of in terms of the said interim order, making it clear that in case the petitioner is to be evicted for the purpose of construction of the road, the same shall only be done in due process of law. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.4871 of 2005 ---------------------------------------------- J U D G M E N T Dated 18th July, 2008.