IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WP(C).No. 4584 of 2010(W) ------------------------- PETITIONERS: --------------- 1. MARAIAMMA, AGED 60 YEARS, W/O. ANTONY, KAIPARAMPATTU HOUSE, ANGAMALY KARA, ANGAMALY VILLAGE. 2. RAJU, AGED 41 YEARS, S/O. POULOSE, KALATHINGAL HOUSE KANAKAMALA KARA (P.O) KODAKARA VILLAGE. 3. LAIJU, W/O. ASOKAN AGED 41, KOVATTU HOUSE, ANGAMALY KARA, ANGAMALY VILLAGE. 4. ROSSY, AGED 60 W/O. LATE XAVIER, KAITHARATH HOUSE, ANGAMALY VILLAGE. 5. GEORGE, AGED 56 S/O. OUSEPH, KAVUMGAL HOUSE, ANGAMALY KARA, ANGAMALY VILLAGE. 6. AMMU, W/O. KUTTAN, AGED 70, PUTHUKUTTY PARAMBIL HOUSE, ANGAMALY KARA, ANGAMALY VILLAGE. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ERANAKUALAM, CIVIL STATION, KAKKANAD. 2. TAHSILDAR, ALUVA TALUK, ALUVA. 3. ASSISTANT EXECUTIVE ENGINEER, PWD (ROADS DIVISION) WP(C).No. 4584 of 2010(W) 2 OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS DIVISION, ALUVA. 4. ANGAMALY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, ANGAMALY P.O., GOVERNMENT PLEADER SRI.P.NARAYANAN STANDING COUNSEL SRI.S.SHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.4584 of 2010 -------------------------------------- Dated this the 19th day of February, 2010 JUDGMENT The petitioners are aggrieved by the delay in completing the assignment proceedings in respect of certain items out of a total extent of 10 cents of property in old Survey No.380/6 of former Kothakulangara South Village and presently Angamaly Village. The same is Government puramboke land and is situated on the western side of T.B.Road, Angamaly. According to the petitioners, the 10 cents of land is lying in a ribbon shape from north to south on the western side of the T.B.Road starting from the M.C.Road till a bye road towards west on the northern side. 2. Going by the averments in the writ petition, the petitioners have been in occupation of different portions of the property from 1958 onwards in continuation of the occupation of their predecessors. Various documents have been produced in support of their plea of occupation, and continued residence therein. 3. Six cents out of the total extent of 10 cents have already been assigned to certain occupants. The apprehension of W.P.(C)No.4584 of 2010 2 the petitioners is that for the purpose of widening the road, the property will be utilised after throwing them into street and without providing any benefit. According to them these properties are not required for widening and it is only a pretext for summary eviction. It is in these circumstances, this writ petition has been filed. 4. The petitioner seeks for a direction to complete the assignment proceedings. 5. The learned Government Pleader on instructions submitted that second respondent had sought no objection and intimation has been forwarded to third and fourth respondents in respect of the proposal for assigning the items of property claimed by the petitioner. But the Municipality has informed that the said area is required for widening of the road namely Angamaly-Kothakulangara. The learned counsel for the petitioner therefore prayed that the second respondent may be directed to take a decision on the application for proceedings for assignment within a time frame. 6. There will be a direction to the second respondent to take a decision in the light of the plea raised by the petitioners W.P.(C)No.4584 of 2010 3 within a period of two months from the date of production of a copy of this judgment. The claim of the petitioners will be considered in accordance with law and appropriate orders will be passed which will be communicated to the petitioners. The learned counsel for the petitioners submitted that the petitioners may not be evicted from the property. It is made clear, steps if any, will be taken only in accordance with law and after due notice to the petitioners. The writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE skj