IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 31082 of 2007(A) -------------------------- PETITIONER: ------------ BINDU BALACHANDRAN NAIR, AGED 45 YEARS, W/O. BALACHANDRAN NAIR, T.C.9/2293, SASTHAMANGALAM THIRUVANANTHAPURAM. BY ADV. SRI.R.KRISHNA RAJ RESPONDENTS: ------------- 1. GOVERNMENT OF KERALA, REP.BY PRINCIPAL SECRETARY TO THE GOVERNMENT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 3. THIRUVANANTHAPURAM CORPORATION, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. 4. THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. 5. SPECIAL TAHSILDAR L.A. (GENERAL), THIRUVANANTHAPURAM. 6. DR. N.S. SRINIVASAN, OFFICE OF THE KERALA ROAD FUND BOARD, NEAR ALTHARA TEMPLE, VELLAYAMBALAM, THIRUVANANTHAPURAM. BY ADV. SRI.K.A.JALEEL, SC., TRIDA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) 31082/2007 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE NOTICE OF THE 5TH RESPONDENT DT. 3.2.2006 EXT.P2 COPY OF THE NOTICE OF THE 5TH RESPONDENT DT. 30.4.2007 EXT.P3 COPY OF THE COMPLAINT OF THE PETITIONER DT. 9.7.2007 EXT.P4 COPY OF THE ORDER OF THE 4TH RESPONDENT DT. 10.9.2007 EXT.P5 COPY OF THE NOTICE OF THE 5TH RESPONDENT DT. 11.10.2007 EXT.P6 COPY OF THE SKETCH. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. To Judge. K.PADMANABHAN NAIR, J. ------------------------------- W.P.(C) No.31082 OF 2007 ------------------------------- Dated this the 4th April, 2008. J U D G M E N T The main prayer in this writ petition is to direct the respondents not to acquire 00.00.20 Hectors of land from the property of the petitioner. The grievance of the petitioner is that in case possession of the land is taken as per the present plan, substantial damage will be caused to a two storeyed building situated in the property. She has also got a grievance that no land from the opposite side is taken. 2. The learned Government Pleader, upon instructions, submits that in fact more land was taken from the opposite side of the property of the petitioner, and though larger extent of land was sought to be acquired from the petitioner initially, that was reduced to 00.00.20 hectares of land subsequently. It is further submitted that the possession of the land was also taken. Since the land was acquired from both side of the road and possession already taken, no relief can be granted to the petitioner, as prayed for in this writ petition. But considering the fact that there is a two storeyed RCC W.P.(C) No.31082/2007 2 building, it is only just and proper that the petitioner be allowed to effect demolition of that part which comes within the acquired area, using concrete cutters etc. under the supervision and guidance of the responsible officers of the respondents. If the petitioner wants to demolish the building, as stated above, the same shall be done within two weeks from the date of receipt of a copy of this judgment. She shall also issue notice to the respondents intimating the date on which she proposes to effect the demolition. Rest of the demolition of compound wall and gate can be done by the respondents. In case, petitioner do not carry out demolition within two weeks, as stated above, it is open to the respondents to effect the demolition. But I make it clear that even at that time also, respondents have to make demolition using concrete cutters, in case, petitioner is prepared to meet the expense for the demolition using machines. The demolition shall be effected without causing any substantial damage to the building. The writ petition is disposed of as above. K.PADMANABHAN NAIR, JUDGE nj.