IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 2362 of 2005(F) ------------------------------------- PETITIONER: ------------------- K.A.XAVIER, KUZHIPARAMBIL HOUSE, THYCATTUSSERY P.O., CHERTHALA. BY ADV. SRI.V.C.JAMES, ADV. SRI.K.J.JOSE. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER, P.W.D. (ROAD AND BUILDING), THIRUVANANTHAPURAM. 3. EXECUTIVE ENGINEER, P.W.D., ALAPPUZHA. 4. THYCATTUSSERY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, THYCATTUSSERY, CHERTHALA. GOVT. PLEADER SRI. MOHAMMED ANZAR FOR R1 TO R3, ADV. SRI.SHAJI THANKAPPAN FOR R4. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.2362/2005-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTICE DTD. 21/09/2004 PUBLISHED BY THYCATTUSSERY P.S. KAVALA SANTHI KAVALA ROAD PUNAR NIRMANA SAHAYA COMMITTEE. EXT.P.2: COPY OF THE REPRESENTATION DTD. NIL. SUBMITTED BY THE PETITIONER'S SON BEFORE THE CHIEF MINISTER. EXT.P.3: COPY OF THE REPRESENTATION DTD. 20/10/2004 SUBMITTED BY PETITIONER AND 15 OTHERS BEFORE THE CHIEF MINISTER. EXT.P.4: COPY OF THE PUBLIC NOTICE DTD. 10/01/2005 INFORMING THE PUBLIC REGARDING THE INAUGURATION OF THE CONSTRUCTION WORK BY A.K. ANTONY ON 15/01/2005. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.2362 of 2005 ---------------------------------------------- Dated 11th July, 2008. J U D G M E N T The writ petition is filed mainly with the following prayers :- “(i) Issue a writ of mandamus or such other appropriate writ order or direction in order to compel the respondents to repair the road stretching from Thycattussery P.S.Kavala to Santhi Kavala at a width of 6 metres itself or to compensate the petitioner sufficiently in order to construct the new boundary wall in the place of the present boundary wall if the road is taken over by the PWD and the width is increased to 8 metre instead of the present 6 metres. (ii) To issue a direction to the respondents directing them to pass orders on Exts.P2 and P3 urgently.” In case no action has been taken on Exts.P2 and P3, petitioners may produce a copy of this judgment before the third respondent, in which case appropriate action in accordance with law in the matter will be taken by the said authority expeditiously. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.2362 of 2005 ---------------------------------------------- J U D G M E N T Dated 11th July, 2008.