IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 WP(C).No. 6180 of 2011(V) ----------------------------------- PETITIONERS: -------------------- 1. M.R.VIJAYAN, AGED 53 YEARS, S/O.RAMAN, MUDANTHYANIKKAL, KAIPUZHA NORTH P.O., KULANADA, PANDALAM. 2. SARADHAMANI AMMA, AGED 60 YEARS, W/O. RAJASEKHARAN NAIR, ARUN BHAVAN, KAIPUZHA NORTH P.O., KULANADA, PANDALAM. BY ADV. SRI.BECHU KURIAN THOMAS SRI.ROSHEN.D.ALEXANDER RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA. 3. TAHSILDAR, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT,PIN-689 645. 4. CHIEF ENGINEER, ROADS AND BRIDGES DIVISION, PUBLIC WORKS DEPARTMENT, PUBLIC OFFICE, MUSEUM P.O., THIRUVANANTHAPURAM-33. 5. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS DIVISION), PATHANAMTHIAA-689 645. 6. ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS DIVISION), PATHANAMTHITTA-689 645. R1 TO R6 BY GP SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.6180 of 2011 -------------------------- Dated this the 14th March, 2011 J U D G M E N T Petitioners have approached this Court with the following prayers: 'i. Issue a writ in the nature of mandamus or other appropriate writ, order or direction directing respondents 2 to 6 to measure and mark the Kulanada -Ramanchira Road and its abutting Road Puramboke in accordance with the Revenue records. ii. Issue a writ in the nature of mandamus or other appropriate writ, order or direction directing respondents 2 to 6 to take all necessary actions to vacate the encroachments in the road puramboke of the Kulanada- Ramanchira Road and its road margins and abutting Government land in accordance with law. iii. Issue a writ in the nature of mandamus or other appropriate writ, order or direction directing the 1st respondent to issue necessary administrative sanction to utilise the funds allotted for the construction of Kulanada -Ramanchira Road beyond 31st March 2011 if the construction is not completed before that." 2. The learned Government Pleader appearing on behalf of the respondents submits on instructions, that the factual question has been got verified; which revealed that W.P (C) No. 6180 of 2011 2 there are already '19' encroachments, out of which '3' encroachments are of more than 'one metre' and all such major encroachments have been evicted. With respect to the remaining '16' encroachments, which are of about 10 to 20 cms, steps are stated as being pursued adding that encroachments will be rectified and the encroachers will be evicted from the encroached area in the course of progress of the work in connection with the widening of the road. The above submission is recorded. No further orders are necessary. The writ petition is closed accordingly. P.R.RAMACHANDRA MENON, JUDGE ma