IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 WP(C).No. 5478 of 2011(H) ------------------------- PETITIONER: --------------- THRESIA, W/O.PATHROSE, MOOLAMTHURUTHIL VEEDU, MARANGOLI PO, SANTHIPURAM KARA, NEEZHOOR VIA, KOTTAYAM. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS: ----------------------- 1. THE EXECUTIVE ENGINEER, P.W.D. ROAD DIVISION, VAIKOM, KOTTAYAM 686 141. 2. THE ASSISTANT EXECUTIVE ENGINEER, P.W.D. THALAYOLAPARAMBU, KOTTAYAM DISTRICT 686605. R1 & R2 BY SR. GP. SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No. 5478 of 2011 -------------------------- Dated this the 17th March, 2011 J U D G M E N T The petitioner has approached this Court with the following prayers: "i) to issue a writ of mandamus or any appropriate writ, order or direction, directing respondents not to take forcible possession of petitioner's property comprised in Sy.No.305/8 and 306/9 in Muvattupuzha Taluk of Elanji Village and to take possession if at all required only after complying with the procedure established by law. ii) to declare that the attempt of the respondents to take forcible possession of petitioner's property comprised in Sy No.305/8 and 306/9 in Muvattupuzha Taluk of Elanji Village without complying with the prcedure established by law. 2. The learned counsel for the petitioner submits that the only apprehension of the petitioner is that, the property is likely to be taken over for the purpose of widening the road, without any regard to the relevant provisions of law. 3. Heard the learned Government Pleader as well. 4. Taking note of the facts and circumstances as W.P (C) No. 5478 of 2011 2 pleaded in the writ petition and also after hearing the learned counsel for the petitioner, the writ petition is disposed of, making it clear that the property in possession of the petitioner shall not be taken over unless otherwise than in accordance with the relevant provisions of law. Sd/= P.R.RAMACHANDRA MENON, JUDGE ma /true copy/ P.A. to Judge.