IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 WP(C).No. 9069 of 2011(G) ------------------------------------- PETITIONER: ------------------- DR. KORAH V.I., S/O. ITTIYAVIRAH, VALAYIL HOUSE, PINDIMANA, P.O.KOTHAMANGALAM. BY ADV. SRI.A.CHERIAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.P.O – 1. 2. THE CHIEF ENGINEER, P.W.D. ROADS & BUILDINGS OFFICE, THIRUVANANTHAPURAM- 1. 3. ASSISTANT EXECUTIVE ENGINEER, P.W.D. OFFICE, KOTHAMANGALAM.P.O, PIN – 686 691. 4. TAHSILDAR, KOTHAMANGALAM TALUK, REVENUE TOWER, KOTHAMANGALAM.P.O., PIN – 686 691. R1 TO R4 BY SR. GOVT. PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.9069 OF 2011 -------------------------------- Dated this the 23rd day of March 2011 JUDGMENT The grievance of the petitioner is that steps are being pursued by the respondents to encroach into the property belonging to the petitioner as covered by Ext.P1 sale deed and to have the same utilised for the purpose of widening the road without recording any steps as provided under the relevant provisions of law, particularly the Land Acquisition Act, 1984. 2. The learned counsel for the petitioner submits that if at all the property of the petitioner has to be taken for the purpose of widening of the road, it can be done only by pursuing such course either by way of negotiation or sale or by acquiring the property in accordance with the provision of the statute as aforesaid. 3. Heard the learned Govt. Pleader as well. 4. Considering the facts and circumstances, the Writ Petition is disposed of, making it clear that if at all the property belonging to the petitioner covered by Ext.P1 is needed for the purpose of widening the road, the same could be taken over only by pursuing appropriate course as provided under the relevant provisions of law. P.R.RAMACHANDRA MENON JUDGE vdv