IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 WP(C).No. 16002 of 2010(A) -------------------------------------- PETITIONERS: --------------------- 1. BENNY K POIKATTIL, AGED 52, S/O.KURUVILLA, THAZHATHE POIKATTIL HOUSE, PRALAYIKKAD KARA, VENGOOR WEST VILLAGE, KUNNATHUNADU TALUK. 2. K.J.ISSAC, KANDATHIL HOUSE, (RESIDING AT KOCHUPURACKAL HOUSE), PRALAYIKKAD KARA, VENGOOR WEST VILLAGE. 3. C.J.VARGHESE, S/O.JOSEPH, CHIRACKAL HOUSE, PRALAYIKKAD KARA, VENGOOR WEST VILLAGE. 4. BABU M.PAUL, S/O.POULOSE, MUTTANCHERRY HOUSE, PRALAYIKKAD KARA, VENGOOR WEST VILLAGE. 5. MATHAI VARKEY, S/O.VARKEY, KANNADAN HOUSE, PRALAYIKKAD KARA, VENGOOR WEST VILLAGE. 6. THOMAS.P.V., S/O.VARKEY, PULAKKUDY HOUSE, PRALAYIKKAD KARA, VENGOOR WEST VILLAGE. 7. P.V.PAUL, S/O.VARKEY, PULAKKUDY HOUSE, PRALAYIKKAD KARA, VENGOOR WEST VILLAGE. 8. P.K.JACOB, S/O.KURIAKOSE, PALAKKAPPILLY HOUSE, PRALAYIKKAD KARA, VENGOOR WEST VILLAGE. 9. KARTHIKA RAMACHANDRAN, W/O.RAMACHANDRAN, CHANDAVILAPUTHENVEEDU, PRALAYIKKAD KARA, VENGOOR WEST VILLAGE. 10. SOMY.K.K., W/O.RENNY, NELLIKKAKUDY HOUSE, PRALAYIKKAD KARA, VENGOOR WEST VILLAGE. 11. SUNNY PAUL, S/O.POULOSE, NELLIKKAKUDY HOUSE, PRALAYIKKAD KARA, VENGOOR WEST VILLAGE. W.P.(C). NO.16002/2010-A: 12. T.A.JIBU, S/O.THAMAPN, AMBALATHUMKUDY HOUSE, PRALAYIKKAD KARA, VENGOOR WEST VILLAGE. 13. Y.VARGHESE, S/O.YACOB, KARIKKUDY HOUSE, PRALAYIKKAD KARA, VENGOOR WEST VILLAGE. BY ADVS. SRI.V.RAJENDRAN (PERUMBAVOOR), SRI.GEORGE VARGHESE KIZHAKKAMBALAM. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER, PWD, ROADS AND BRIDGES DIVISION, THIRUVANANTHAPURAM. 3. MUDAKKUZHA GRAMA PANCHAYAT, REP.BY SECRETARY, MUDAKKUZHA P.O., VIA., PERUMBAVOOR. *ADDL. RESPONDENTS 4 TO 10 IMPLEADED: 4. SRI. P.P. THANKACHAN, PYNADATH HOUSE, PERUMBAVOOR. 5. SRI. K.P. DHANAPALAN.M.P, KALATHIL HOUSE, NORTH PARAVUR. 6. SRI. SAJU PAUL M.L.A., PANTHALINGAL HOUSE, VENGOOR, VIA. PERUMBAVOOR. 7. R.M.RAMACHANDRAN, CHAIRMAN, WELFARE STANDING COMMITTEE, ERNAKULAM DISTRICT PANCHAYAT OFFICE, KAKKANAD. 8. P.V. GOPINATHAN NAIR, S/O. VELAYUDHAN PILLAI, PUTHENPURA HOUSE, PRALAYIKKAD, THURUTHY.P.O. 9. CIRCLE INSPECTOR OF POLICE, KURUPPUMPADY POLICE STATION. W.P.(C). NO.16002/2010-A: 10. SAJI, PWD CONTRACTOR, KIZHAKKEKARA HOUSE, KOLENCHERRY. *ADDL. RESPONDENTS 4 TO 10 ARE IMPLEADED AS PER ORDER DATED 28/05/10 IN I.A. NO. 6722/2010. R1,R2 & ADDL.R9 BY GOVT. PLEADER SMT. N. SUDHA DEVI, R3 BY ADVS. SRI.K.N.ANIL KUMAR, SRI.RAJESH VIJAYAN, ADDL.R6 & R7 BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE, ADV. SRI.K.B.SAJAN, ADDL.R8 BY ADV. SRI.BASIL MATHEW, ADDL.R10. BY ADVS. SRI.P.B.SURESH KUMAR, SRI.LEO GEORGE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16002/2010-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE TAX RECEIPT NO. 4975911 DTD. 15/07/05 ISSUED TO THE P.1. FROM VENGOOR WEST VILLAGE OFFICE. EXT.P.2: COPY OF THE SETTLEMENT DEED NO. 2444 DTD. 27/06/96 IN FAVOUR OF THE SISTER-IN-LAW OF P.2. EXT.P.3: PHOTOGRAPH OF EXT.P.2. PROPERTY COVERED BY EXT.P.2. EXT.P.4: PHOTOGRAPH SHOWING THE PROPERTY OF P.3. EXT.P.5: COPY OF THE TAX RECEIPT NO. 4031126 DTD. 01/12/09 ISSUED TO P.4. FROM THE VILLAGE OFFICE. EXT.P.6: COPY OF THE SALE DEED NO. 3816 DTD. 23/08/79 OF PERUMBAVOOR SRO IN FAVOUR OF P.5. EXT.P.7: COPY OF THE TAX RECEIPT NO. 4184933 DTD. 14/01/09 ISSUED TO THE P.6 FROM THE VILLAGE OFFICE. EXT.P.8: COPY OF THE TAX RECEIPT NO. 4049449 DTD. 11/06/04 ISSUED FROM VILLAGE OFFICE TO P.7. EXT.P.9: COPY OF THE TAX RECEIPT NO. 4036741 DTD. 03/10/09 ISSUED TO P.8 FROM VILLAGE OFFICE. EXT.P.10: COPY OF THE TAX RECEIPT NO. 4589408 DTD. 10/01/05 ISSUED TO P.9 FROM VILLAGE OFFICE. EXT.P.11: COPY OF THE NOTICE PUBLISHED BY R.3. ON 05/05/2010. EXT.P.12: COPY OF THE NOTICE PUBLISHED BY R.2. ON 10/05/2010. EXT.P.13: COPY OF THE PETITION FILED BY PETITIONERS AND OTHERS BEFORE THE MEMBER OF PARLIAMENT MUKUNDAPURAM CONSTITUENCY. EXT.P.14: COPY OF THE NOTICE PUBLISHED BY “ROAD NIRMANA JANAKEEYA SAMITHY” DTD. 18/05/2010. RESPONDENTS' EXHIBIT: EXT.R.8.A: COPY OF THE SURRENDER RECEIPT EXECUTED BY THE PETITIONERS. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.16002/2010-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of July, 2010 J U D G M E N T The petitioners are owners of various items of land on the side of Kuruppumpady-Panamkuzhy road. Aggrieved by the proposal to renovate the said road without any recourse to the Land Acquisition Act and the attempt to encroach the properties of the petitioners, this writ petition has been filed. This Court by order dated 25/05/2010, directed that there will not be any forcible demolition of the compound walls of the petitioners for widening the said road. 2. Heard the learned counsel for the petitioners and the learned counsel appearing for respondent Nos. 6 to 8. The eighth respondent has filed statement in the matter. Pending the writ petition, there were subsequent developments whereby compromise talks were there and it appears that some of the petitioners have willingly surrendered the land. According to the learned counsel for the said respondents, petitioner Nos.4, 6 to 8 and 10 to 12 agreed for surrender of required land for widening of road. They had also requested that the compound wall, if any, demolished may be reconstructed. W.P.(C). No.16002/2010 -:2:- 3. The learned counsel for the petitioners submitted that there is an agreement for reconstruction of the compound walls which were demolished for the purpose of widening, which is denied by the learned counsel appearing for the respondents. 4. It is submitted by the learned counsel appearing for respondent Nos.6, 7 and 8 that the land required for widening have been surrendered by the parties and already the widening process is completed and no further widening is proposed to be done also and, there is no attempt to take any forcible possession of land owned by any of the other petitioners. 5. Then, what remains is the demand of some of the petitioners as shown in Annexure R8(a) for reconstructing the demolished compound walls. If there is no agreement between the parties, it may not be proper for this Court to direct any of the respondents to reconstruct the compound walls. Therefore, the remedy, if any, of the petitioners to enforce any such claim is left open. The writ petition is accordingly disposed of. No costs. (T.R. Ramachandran Nair, Judge.) ms