IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 WP(C).No. 6967 of 2008(D) -------------------------------- PETITIONER(S): ------------------- 1. ABOOBACKER K.A. S/O.K.B.ALIKUTTY KUPPIYAN HOUSE, CHELAMATTOM, OKKAL P.O. 2. SHAJI K.A., S/O.K.B.ALIKUTTY KUPPIYAN HOUSE, CHELAMATTOM, OKKAL P.O. 3. SUDHEER K.A., S/O.K.B.ALIKUTTY KUPPIYAN HOUSE, CHELAMATTOM, OKKAL P.O. BY ADV. SRI.R.PARTHASARATHY RESPONDENT(S): -------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVT., REVENUE DEPARTMENT THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE TAHSILDAR, KUNNATHUNAD TALUK PERUMBAVOOR, ERNAKULAM DISTRICT. 4. THE VILLAGE OFFICER, PERUMBAVOOR. R1 TO R4 BY GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 6967 of 2008 D ``````````````````````````````````````````````````````` Dated this the 10th day of December, 2010 J U D G M E N T Petitioner approached this Court when by Ext.P6 stop memo issued by the fourth respondent, he was prevented from constructing a road in the purampoke land. According to the petitioner, the road was already in existence and that he only did the maintenance work. However, admittedly, the petitioner does not have title over the land in question. 2. Eventhough it is the case of the petitioner that he constructed the road on the strength of Exts.P1 to P4, having regard to the fact that the petitioner does not have title over the land in question, it cannot be said that Ext.P6 is illegal. Therefore, the proper course was that the petitioner ought to have made an application for assignment of the land to the assigning authority under the Land Assignment Act. With that liberty, I dispose of this writ petition, clarifying W.P.(C) No.6967/08 : 2 : that if the petitioner is using the road for ingress and egress, that will not be obstructed or prevented. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge