IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 18612 of 2009(V) -------------------------- PETITIONER(S): --------------- ALEYAMMA, VALLAYAVEETTIL THEKKETHIL, THEKKEKKARA, MAVELIKKARA. BY ADV. SRI.R.KRISHNA RAJ RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA. 2. ASSISTANT EXECUTIVE ENGINEER (ROADS), P.W.D. MAVELIKKARA, 3. SASIDHARAN PILLAI, KALEECKAL VEEDU, PONKAM, MAVELIKKARA. BY GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ....................... W.P.(C).18612/2009 ....................... Dated this the 7th day of July, 2009 JUDGMENT Petitioner is residing in a property lying on the western side of a PWD road. It has an extent of 89.10 Ares, in R.S.No.582/17 of Thekkekkara Village. Respondents started digging a trench having a width of 2 metres and depth of 3 metres on the eastern boundary of the petitioner's property where the property abuts the road. 2. The grievance of the petitioner is that a trench is being dug in such a manner that there is a gap of almost one metre left from the boundary of the petitioner's property. According to the petitioner, if a trench is dug in such a manner and a pitching is constructed therein without leaving any gap between the petitioner's property, it would not lose its lateral support. There will be no sliding from the petitioner's property into the trench which is dug by the PWD. 2. A complaint made by the petitioner in this regard apparently was looked into by the concerned Assistant W.P.(C).18612/09 2 Executive Engineer, the 2nd respondent. Learned Government Pleader, on instructions, submits that the petitioner's complaint has been looked into and a trench is constructed for widening of the road over a distance of 160 metres. Trench is dug in the road puramboke and there is no question of encroaching into the petitioner's property. In my view, a direction as sought for by the petitioner, namely one to the respondents to construct the proposed pitching close to the boundary of the petitioner's property, cannot be countenanced or entertained by this Court in proceedings under Article 226 of the Constitution of India. If the petitioner feels that there is any diminution of the lateral support of her property, it is upto her to approach the Civil Court for appropriate reliefs. Writ petition is disposed of subject to the above right of the petitioner. V.GIRI, Judge mrcs