IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 12670 of 2005(G) --------------------------------------- PETITIONER: ------------------- T.C.KUNHIRAMAN NAMBIAR, DEVAKI MANDIRAM, CHATTUKAPARA P.O., KANNUR- 670 502. BY ADV. SRI.V.PREMCHAND. RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, KANNUR. 2. THE KUTTIYATTOOR GRAMA PANCHAYAT, CHATTUKAPARA P.O., KANNUR DISTRICT, REPRESENTED BY ITS SECRETARY. 3. THE EXECUTIVE ENGINEER, PAZHASI IRRIGATION PROJECT,KANNUR. GOVT. PLEADER SRI. MOHAMMED ANZAR FOR R1 & R3, ADV. SRI.A.MOHAMED MUSTAQUE FOR R2, ADV. SRI.KAUSER EDAPPAGATH FOR R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.12670/2005-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SKETCH PREPARED BY THE VILLAGE OFFICER. EXT.P.2: COPY OF THE COMMUNICATION DTD. 26/06/2002 RECEIVED FROM THE R.1. EXT.P.3: COPY OF THE COMMUNICATION DTD. 02/12/2002 TO THE SECRETARY, KUTHIYATTOOR GRAMA PANCHAYAT SENT BY THE ASSISTANT FOREST CONSERVATOR. EXT.P.4: COPY OF THE LAWYER NOTICE DTD. 17/03/2005 TO THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No. 12670 of 2005 ----------------------------------------- Dated this the 4th day of July, 2008 JUDGMENT Petitioner approached this court apprehending encroachment of his property for the purpose of construction of a road. There is already an interim order dated 26-4-2005. The writ petition is hence disposed of making it clear that there shall be no construction by encroaching the property of the petitioner and any construction of the road affecting the petitioner shall only be in accordance with due process of law. Ext.P2 proceedings of the District Collector will also be taken into consideration in the process. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.12670 of 2005 ----------------------------------- JUDGMENT 4th July, 2008