George Thomas vs State Of Kerala
2023 Latest Caselaw 10623 Ker

    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                       PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
   MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH
                     ASWINA, 1945
                WP(C) NO. 33005 OF 2023
PETITIONER/S:

        GEORGE THOMAS
        AGED 71 YEARS
        S/O THOMAS VARGHESE, KAKKATTU HOUSE,
        KANCHIYAR P.O, PALLIKKAVALA, IDUKKI DISTRICT.,
        PIN - 685511
        BY ADV UNNIKRISHNAN.V.ALAPATT
RESPONDENT/S:
   1   STATE OF KERALA
       REPRESENTED BY THE SECRETARY TO GOVERNMENT,
       DEPARTMENT OF REVENUE, GOVERNMENT OF
       KERALA, THIRUVANANTHAPURAM ., PIN - 695001
   2   THE EXECUTIVE ENGINEER
       PUBLIC WORKS DEPARTMENT (ROADS), GOVERNMENT
       OF KERALA, THIRUVANANTHAPURAM, PIN - 695001
   3   KERALA ROAD FUND BOARD
       T.C. 4/1654, MAYOORAM, NO. 7, BELHAVEN ROAD
       P.O., BELHAVEN GARDENS, KOWDIAR,
       THIRUVANANTHAPURAM, REPRESENTED BY ITS
       PROJECT OFFICER., PIN - 695003
   4   THE EXECUTIVE ENGINEER
       PROJECT MANAGEMENT UNIT, KERALA ROAD FUND
       BOARD, MUVATTUPUZHA-IDUKKI DEVISION, PWD
       OFFICE COMPLEX, THODUPUZHAPIN., PIN - 685584
   5   M/S THERUVATH BUILDERS
       CONTRACTORS AND ENGINEERS, THERUVATHU
       BUILDING, UZHAVOOR POST, KOTTAYAM
       REPRESENTED BY ITS AUTHORIZED OFFICER., PIN -
       686634
       BY G.P. SRI. RIYAL DEVASSY.
    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.10.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.33005/2023
                                  2




                        JUDGMENT

This writ petition is filed apprehending that the

property of the petitioner will be encroached upon by

respondents 2 to 4 and he will be dispossessed from

his property under the pretext of widening of the

road.

2. The learned standing counsel for the Kerala

Road Fund Board submits that if there is any

encroachment on the part of the petitioner, steps for

removal will be taken only in accordance with the

provisions of the Kerala Highway Protection Act, 1999

with due notice to the petitioner and after recording

the satisfaction of the authority as provided under

Section 15 of the said Act. It is further submitted that

in case the petitioner's property is needed for

acquisition, the same will be done only in accordance W.P.(C) No.33005/2023

with law.

The writ petition is disposed of recording the

submission of the learned Standing Counsel for the 3 rd

respondent.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

al/-

W.P.(C) No.33005/2023

APPENDIX OF WP(C) 33005/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAD TAX RECEIPT DATED 30-6-2023 ISSUED FROM THE VILLAGE OFFICE, KANCHIYAR Exhibit P2 TRUE COPY OF THE LAD TAX RECEIPT DATED 7-5-2023 ISSUED FROM THE VILLAGE OFFICE, KANCHIYAR Exhibit P3 TRUE COPY OF THE LAD TAX RECEIPT DATED 7-5-2023 ISSUED FROM THE VILLAGE OFFICE, KANCHIYAR Exhibit P4 TRUE COPY OF THE LAD TAX RECEIPT DATED 7-5-2023 ISSUED FROM THE VILLAGE OFFICE, KANCHIYAR Exhibit P5 TRUE COPY OF PHOTOGRAPH OF THE ROAD AND THE PROPERTIES OF THE PETITIONER Exhibit P6 TRUE COPY OF PHOTOGRAPH OF THE ROAD AND PROPERTIES PF THE PETITIONER Exhibit P7 TRUE COPY OF THE FIELD SKETCH OF THE CONCERNED PORTION OF THE ROAD ISSUED FROM THE OFFICE OF THE ASSISTANT DIRECTOR OF SURVEY AND LAND RECORDS, THODUPUZHA