IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WP(C).No. 35138 of 2007(G) -------------------------- PETITIONER: ------------ 1. JAMES FRANCIS, S/O. JAMES, NEDUMBRATH HOUSE, NEAR M.G.COLLEGE, THIRUVANANTHAPURAM. 2. B.CHANDRA MOHAN, J.J.ASSOCIATES, KESAVADASAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. SPECIAL TAHSILDAR (L.A.), PUBLIC WORKS DEPARTMENT (SOUTHERN CIRCLE), THIRUVANANTHAPURAM. 4. THE CHIEF ENGINEER, NATIONAL HIGHWAY DIVISION, THIRUVANANTHAPURAM. 5. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION, THIRUVANANTHAPURAM. 6. JAMES YOHANNAN, TC 3/90, ANRA - 1, KESAVADASAPURAM, PATTOM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.R.S.KALKURA FOR R.6 SRI.R.S.KALKURA FOR R.6 SRI.M.AJAY (IRUMPANAM) GOVERNMENT PLEADER SRI.BASANT BALAJI FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.C.NO.35138 OF 2007 PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE NOTIFICATION IN KERALA GAZETTE DTD. 10-11-2004 EXT.P2 TRUE COPY OF PHOTOGRAPH SHOWING THE ACTUAL POSITION OF THE STONE LAID BY THE THIRD RESPONDENT. EXT.P3 TRUE COPY OF THE PHOTOGRAPH SHOWING THE REFIXING OF THE STONE. EXT.P4 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITOINERS AND OTHERS BEFORE THE HON.CHIEF MINISTER OF KERALA DATED 22-8-05 EXT.P5 TRUE COPY OF THE PETITION SUBMITTED BY PETITIONERS AND OTHERS BEFORE THE R.D.O., THIRUVANANTHAPURAM DATED 17-2-2007 EXT.P6 TRUE COPY OF THE PETITION FILED BY THE PETITIONERS AND OTHERS BEFORE THE 4TH RESPONDENT DATED 21-2-07 EXT.P7 TRUE COPY OF THE PETITION FILED BY THE PETITIONERS AND OTHERS BEFORE THE 5TH RESPONDENT ON 15-2-07 EXT.P8 TRUE COPY OF THE PETITION SUBMITTED BY KESAVADASAPURAM NSS KARAYOGAM TO THE HON. CHIEF MINISTER OF KERALA DATED 26-2-06 EXT.P9 TRUE COPY OF THE COMPLAINT SUBMITTED BY ARCHIOCESE OF THIRUVANANTHAPURAM BEFORE THE SECOND RESPONDENT DATED 18-8-05 RESPONDENT'S EXHIBITS EXT.R6(A) TRUE COPY OF THE SALE DEED NO. 3932/04 DATED 13-9-04 EXT.R6(B) TRUE COPY OF THE TAX RECEIPT DATED 3-8-07 EXT.R6(C) TRUE COPY OF THE NOTICE DATED 4-8-07 ISSUED BY R3 EXT.R6(D) TRUE COPY OF THE PHOTOGRAPH SHOWING the FIRST PETITIONER'S BUILDING EXT.R6(E) TRUE COPY OF THE PHOTOGRAPHS SHOWING THE CONSTRUCTION OF THE SECOND PETITIONER'S SHOP ROOMS EXT.R6(F) TRUE COPY OF THE PHOTOGRAPH SHOWING THE COMPOUND WALL CONSTRUCTED BY THE STATE HIGHWAY. /True Copy/ PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.35138 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2008 JUDGMENT I have today disposed of W.P.(C)No.11628/08 holding that the allegation that alignment of the proposed widened road has been changed after the promulgation of Ext.P1 is incorrect. In view of the decision I have taken in that case, this writ petition will also stand dismissed. PIUS.C.KURIAKOSE JUDGE sv.