High CourtsSingle Bench(2011) 01 KL CK 0133

A.K.GOPINATHAN vs The Executive Engineer, Kulanada Grama Panchayat and The District Collector

High Court Of Kerala · Decided on 5 January 2011

HON’BLE JUDGES
Antony Dominic, J
CASE NUMBER
WP (C) . No. 38276 of 2010 (H)

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Judgment

4 paragraphs · 243 words

Antony Dominic, J.—Petitioner claims to be the owner in possession and enjoyment of 58 Ares and 32.40 Ares of land situated in Survey Nos. 204/7B/2 and 618/19 respectively of Kulanada village, which he obtained by Ext.P1 sale deed. According to the Petitioner, a portion of his property has already been used for widening the Panangadu-Ramanchira road. It is stated that the Respondents have threatened to annex further portion of the Petitioner''s property again for widening the road. According to the Petitioner, he has not surrendered any portion of his property and that no portion of his property has been acquired by the Respondents. It is stated that despite the above, Respondents are threatening to forcefully trespass into the property to widen the road using his property.

2.

If, as stated by the Petitioner, he has not surrendered any portion of his property or no portion of the property has been acquired, the Respondents cannot dispossess the Petitioner or use any portion of his property for widening the road. This position is so clarified.

3.

It is further made clear that this judgment will not stand in the way of the Respondents in acquiring the property for the purpose of road widening or purchasing the same by mutual negotiation. It is also clarified that this judgment will not prevent the Respondents to proceed against the Petitioner if he has encroached into any portion of the government property.

Writ petition is disposed of as above.