Kerala High Court
Dr.M.K.Jayakrishnan vs W.P(C) No.26743/19 2 on 6 November, 2019
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
W.P(C) No.26743/19 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
WEDNESDAY, THE 06TH DAY OF NOVEMBER 2019 / 15TH KARTHIKA, 1941
WP(C).No.26743 OF 2019(P)
PETITIONER/S:
1 DR.M.K.JAYAKRISHNAN
AGED 50 YEARS
S/O. K. PADMANABHAN NAIR, PADMASREE, KM XX/363,
NEAR FATHIMA HOSPITAL, PINANGODE ROAD, KALPETTA,
WAYANAD DISTRICT, PIN-673121.
2 DR. M.K. SARMADHA,
AGED 41 YEARS
W/O. DR.M.K. JAYAKRISHNAN, PADMASREE, KM XX/363,
NEAR FATHIMA HOSPITAL, PINANGODE ROAD, KALPETTA,
WAYANAD DISTRICT, PIN-673121.
3 MATHEW THOMAS @ EDATHINAL MATHEW THOMAS,
AGED 53 YEARS
S/O. THOMAS, CHENNALODE HOUSE, MEPPADY, CHENALODE P
O, WAYANAD DISTRICT, PIN-673576.
4 SISTER JANCY JOSE,
AGED 65 YEARS
SENIOR SUPERIOR, CLANA BHAVAN OLD AGE HOME,
PINANGODE ROAD, VYTHIRI TALUK, KALPETTA, WAYANAD
DISTRICT, PIN-673121.
5 GRACY VARGHESE,
AGED 61 YEARS
W/O. VARGHESE, KUNNATHETH HOUSE, NEAR STATE
WEARHOUSE, PINANGOD ROAD, KALPETTA P O, WAYANAD
DISTRICT, PIN-673121.
6 ALEENA VARGHESE
AGED 25 YEARS
W/O. VARGHESE, KUNNATHETH HOUSE, NEAR STATE
WEARHOUSE, PINANGOD ROAD, KALPETTA P O, WAYANAD
DISTRICT, PIN-673121.
BY ADV. SRI.P.B.PRADEEP
RESPONDENT/S:
W.P(C) No.26743/19 2
1 STATE OF KERALA
REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT,
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN-
685001.
2 THE DISTRICT COLLECTOR,
WAYANAD, WAYANAD DISTRICT, PIN-673121.
3 THE TAHASILDAR,
VYTHIRITALUK, WAYANAD DISTRICT, PIN-673576.
4 THE EXECUTIVE ENGINEER,
OFFICE OF THE EXECUTIVE ENGINEER, PUBLIC WORKS
DEPARTMENT(ROADS AND BRIDGES) KALPETTA NORTH,
WAYANAD DISTRICT, PIN-673122.
5 THE SUPERINTENDENT OF POLICE,
S P OFFICE, KALPETTA P O, WAYANAD DISTRICT, PIN-
673121.
SR.GOVT.PLEADER SRI.S.GOPINATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C) No.26743/19 3
JUDGMENT
The petitioners have approached this Court apprehending that the respondents may trespass into their property without notice in connection with the widening of the Kalpetta-Varambatta Road that lies adjacent to their property. When the matter came up for admission, this Court had, by an interim order dated 18.10.2019, directed the 2 nd and 5th respondents to prevent forceful demolition of the compound wall and wrongful trespass for widening the Kalpetta-Varambatta Road till final disposal of the writ petition or till initiation of acquisition proceedings in accordance with law.
When the matter is taken up today, the learned Sr. Government Pleader would submit, on instruction, that the respondents do not intend to acquire any property belonging to the petitioners. Taking note of the said submission, this writ petition is closed by making the interim order absolute.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
okb
//True copy// P.S. to Judge
W.P(C) No.26743/19 4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMMON JUDGMENT FILED BY
24 PETITIONER IN WPC 5977/2019 DATED 27.02.2019.
EXHIBIT P2 TRUE COPY OF THE COMMON JUDGMENT IN WPC 2216/2019 AND 2170/2019 DATED 30.01.2019. EXHIBIT P3 TRUE COPY OF THE COMMON JUDGMENT IN WPC 3903 OF 2019 DATED 01.02.2019.
EXHIBIT P4 INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WPC 10165/19 DATED 20.09.19.
EXHIBIT P5 TRUE COPY OF THE TAX PAID RECEIPT DATED 25.05.2019 IN THE NAME OF FIRST AND SECOND PETITIONERS.
EXHIBIT P6 TRUE COPY OF PHOTOGRAPHS OF THE PROPERTY BELONGING TO THE FIRST AND SECOND PETITIONERS.
EXHIBIT P7 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 07.02.2015 IN THE NAME OF 1ST AND 2ND RESPONDENTS.
EXHIBIT P8 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 20.02.2019 IN THE NAME OF THIRD PETITIONER.
EXHIBIT P9 PHOTOGRAPHS OF THE PROPERTY BELONGING TO THIRD PETITIONER.
EXHIBIT P10 TRUE COPY OF THE TAX PAID RECEIPT DATED 04.08.18 IN THE NAME OF FOURTH PETITIONER. EXHIBIT P11 PHOTOGRAPHS OF THE PROPERTY OF FOURTH PETITIONER.
EXHIBIT P12 TRUE COPY OF THE TAX PAID RECEIPT DATED 28.02.2019 IN THE NAME OF FIFTH AND SIXTH PETITIONERS.
EXHIBIT P13 PHOTOGRAPHS OF THE PROPERTY OF FIFTH AND SIXTH PETITIONERS.