IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 WP(C).No. 5010 of 2008(U) ------------------------- PETITIONER: -------------------- JOHNEY POTHEN, S/O. ABRAHAM POTHEN, CHAKKUPURAYKKAL, PERUNNA EAST, CHANGANACHERRY, KOTTAYAM. BY ADV. SRI.SIBY MATHEW SRI.A.A.MOHAMMED NAZIR RESPONDENTS: -------------------------- 1. THE EXECUTIVE ENGINEER, P.W.D. ROADS DIVISION, KOTTAYAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM. 3. THE LAND ACQUISITION OFFICER, SPECIAL TAHSILDAR, LAND ACQUISITION (GENERAL), KOTTAYAM. BY SENIOR GOVERNMENT PLEADER SRI. BASANT BALAJI, FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5010 of 2008(U) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1: NOTICE DTD. 6.12.2001 ISSUED U/S 4(1) NOTIFICATION TO THE PETITIONER. EXT.P2: NOTICE DTD. 16.7.2007 ISSUED U/S 9 TO THE PETITIONER. EXT.P3: REPRESENTATION DTD. 23.7.2007 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P4: NOTICE LETTER DTD. 14.7.2006 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM TO THE DISTRICT COLLECTOR, KOTTAYAM. EXT.P5: LETTER DTD. 22.9.2006 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM TO THE DISTRICT COLLECTOR, KOTTAYAM. EXT.P6: REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, KOTTAYAM. EXT.P7: REPRESENTATION DTD. 2.1.2008 FILED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, KOTTAYAM. EXT.P8: PARTITION DEED NO. 2080/2008 EXECUTED BY SRI. ABRAHAM POTHEN IN FAVOUR OF THE PETITIONER. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // P.A TO JUDGE K. PADMANABHAN NAIR ,J. ------------------------------------------------- W.P.(C) NO.5010 of 2008 ------------------------------------------------- Dated, this the 9th day of April, 2008 ORDER Heard. Admitted. Issue urgent notice to respondents 1 to 3. 2. There will be an interim direction to respondents 1 and 2 to conduct a joint inspection and verification of the alignment at the disputed point with the help of Superintendent of Survey and Land Records. It is made clear that the verification must be done by the Executive Engineer, District Collector and Superintendent of Survey and Land Records themselves or through the senior officers of the respective offices. The work shall not be entrusted with any surveyor or junior officers. The plans prepared shall be countersigned by respondents 1 and 2 and Superintendent of Survey and Land Records. It is made clear that in case subsequently this Court finds any mistake in the plan, the three officers who counter sign the plan will be made personally responsible for the same. They shall also file separate affidavits affidavits/statements. The plan with their separate statements shall be submitted before this Court on or before 22.5.2008. 3. Dispossession of the petitioner alone is stayed for a period of two months. WP(C) No.5010/2008 2 Handover copy of the order to the counsel for the petitioner and Government Pleader and communicate the order direct to the Executive Engineer, District Collector and concerned Superintendent of Survey and Land Records. K. PADMANABHAN NAIR, JUDGE. cks