IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 OP.No. 14573 of 1998(I) ----------------------- PETITIONERS: ------------ 1. JOY VARGHESE, S/O. VARGHESE, AGED 45 YEARS, THODUMEL HOUSE, KALLARKUTTY P.O.,KATHIPPARA. VELLATHUVAL VILLAGE, DEVIKULAM TALUK. 2. SARAMMA, W/O. JOY DO DO BY ADV. SRI.T.V.GEORGE SRI.V.G.SREEDEVI SRI.P.B.MOHANKUMAR RESPONDENTS: ------------- 1. KERALA STATE REP. BY THE SECRETARY TO PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SUPERINTENDING ENGINEER, PWD ROADS DIVISION, ALUVA. 3. EXECUTIVE ENGINEER, PWD ROADS DIVISION, IDUKKI. 4. ASSISTANT EXECUTIVE ENGINEER, ROADS SUB DIVISION, MUNNAR. 5. T.V. ANIL, THARAKANDATHIL PWD CONTRACTOR, VELLATHOVAL, IDUKKI. 6. DISTRICT OFFICER, GEOLOGICAL AND MINING DEPARTMENT, DISTRICT OFFICE, MUTHALAKODAM THODUPUZHA, IDUKKI. BY ADV. SRI.P.M.MOHAMMED SHIRAZ SRI.THOMAS M.JACOB THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NOS.25793 & 25795/1998 IN OP.NO.14573/1998-I DISMISSED. 18,1,2008. SD/= P.N. RAVINDRAN, JUDGE. APPENDIX PETITIONER's EXHIBITS: EXT.P1 COPY OF NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY DTD 30.6.98. EXT.P2 DO DO IN DESHABHIMANI DAILY DTD 30.6.98. EXT.P3 COPY OF REPRESENTATION DTD 8.7.98 BEFORE R2. EXT.P4 COPY OF REPRESENTATION OF PETITIONERS TO R4 DTD 10.7.98. EXT.P5 COPY OF SURVEY SKETCH EXT.P6 COPY OF PHOTOGRAPH IN VIEW OF DAMAGE CAUSED TO PETITIONER'S PROPERTY. /TRUE COPY/ cl P.N. RAVINDRAN, J. --------------------------------------------------------------- O.P.NO.14573 OF 1998-I -------------------------------------------------------------- Dated this the 18th day of January, 2008. JUDGMENT The petitioners, who are in possession and enjoyment of a parcel of land, 1.14 acres in extent, situated in Survey No.282/14/41 of Velllathooval Village of Devikulam Taluk, Idukki District, have filed this original petition, aggrieved by the consequences following the widening of the Adimaly-vellathooval P.W.D road that passes along the southern side of their property, seeking the following reliefs: (i) “issue a writ of mandamus commanding respondents 1 to 5 not to remove the fallen earth /soil or any further earth from petitioners' property, as it may accelerate and cause further landslide and fall of petitioners' house and other remaining structures: (ii) issue a writ of mandamus commanding respondents 1 to 5 to pay adequate and reasonable compensation amount to the petitioners, so as to compensate the loss and damage caused to them, at the earliest. (iii) issue a writ of mandamus or any other appropriate writ, direction or order, commanding respondents 1 to 5 to construct a O.P.NO.14573/1998 . 2 retaining wall, on the southern boundary of petitioners' property and so as to avoid further landslide and causing of further damage and loss to petitioners, with immediate effect (iv) call for a report from the 6th respondent in view of the inspection conducted and sample soil examination conducted at his office. 2. After hearing Sri.T.V.George, the learned counsel appearing for the petitioner and the learned Government Pleader appearing for respondents 1 to 4 and 6, I am of the opinion that the reliefs prayed for cannot properly be granted under Article 226 of the Constitution of India. I, therefore, decline jurisdiction and dismiss the original petition reserving liberty with the petitioners to institute appropriate proceedings in the competent civil court seeking appropriate reliefs. Though I am declining jurisdiction and dismissing the original petition, I am constrained to take note of the averment in the counter affidavit filed on behalf of the 3rd respondent, that the existing building in the petitioners' property may collapse if the fallen soil is removed. In the result, the original petition is dismissed, leaving open O.P.NO.14573/1998 . 3 the petitioners' contentions and their right to move the competent civil court for appropriate reliefs. P.N. RAVINDRAN, JUDGE. cl O.P.NO.14573/1998 . 4 P.N. RAVINDRAN, J. O.P.NO.14573 OF 1998-I JUDGMENT 18th January, 2008.