SAFIA Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) This Writ Petition has been filed seeking the following reliefs:

(2.) The Writ Petition has been filed inter alia contending that the property belonging to the petitioner was encroached into by the PWD Authorities. A portion of the building has been demolished without any notice for the purpose of widening a road. It is inter alia contended that the petitioner has valid title to the property having an extent of 1 acre and 90 cents situated in Sy. No. 397 of Parathodu Village in Udumbanchola Taluk. When a 3rd party attempted to trespass into the property, she had filed a suit as OS No. 172/1995 before the Sub Court, Thodupuzha and obtained a decree. While so, it is alleged that respondents 2 to 4 having commenced widening works in the Kallar - Ramakkalmedu Road at Thookkupalam Junction, with the assistance of the contractor started demolishing private properties of several persons using heavy machines like JCB, on the ground that the buildings are situated in purambokku land. Petitioner, therefore, apprehending that an attempt might be made by respondents 2 to 4 to demolish the building, has filed the Writ Petition and an interim order of status quo was passed by this Court. Though the order was attempted to be served on the respondents, they did not receive the same. Thereafter, the order was served through the Sub Inspector of Police. In the meantime, a portion of the shop room and the residential building of the petitioner was demolished. This, according to the petitioner, is a highhanded action of the respondent authorities, and therefore, the petitioner has invoked the public law remedy, seeking damages as well.

(3.) Counter - affidavit has been filed by respondents inter alia stating that they have not demolished any portion of the residential building. Road work was undertaken by PWD authorities but they have not engaged any person to demolish any portion of the building at any stage. The demolition has been done by some persons in the locality for which the respondents are not responsible.