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Kerala High Court

S.Vijaya Krishnan Nair vs State Of Kerala Represented on 27 October, 2010

Author: Antony Dominic

Bench: Antony Dominic

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31115 of 2010(L)


1. S.VIJAYA KRISHNAN NAIR,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED
                       ...       Respondent

2. ASSISTANT ENGINEER, ROADS AND BUILDERS,

                For Petitioner  :SRI.M.RAJASEKHARAN NAYAR

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :27/10/2010

 O R D E R
                        ANTONY DOMINIC, J.
                     ================
                W.P.(C) NO. 31115 OF 2010 (L)
                =====================

          Dated this the 27th day of October, 2010

                          J U D G M E N T

Writ petition has been filed for a direction to restrain the employees and the contractor from entering into the plantation and altering its boundary or causing damages to the trees standing therein.

2. A statement has been filed by the 2nd respondent denying the allegations in the writ petition. In the statement, the respondent has specifically stated that there is absolutely no proposal to widen the road trespassing into any private property. It is also stated that the 2nd respondent has requested the Tahsildar, Nedumangad to demarcate the boundary of the road along the plantation and the demarcation is pending.

In view of the averments in the statement, the apprehension on the basis of which the writ petition has been filed can be seen to be baseless, and therefore, recording the statement as above, the writ petition is closed.

ANTONY DOMINIC, JUDGE Rp