RACHEL BABY Vs. PROJECT DIRECTOR, COCHIN

JUDGEMENT

(1.) The prayer in the writ petition is for a direction to respondents 1 to 4 to measure out the property of the petitioner on the basis of Exts.P1, P2 and Survey Plan to determine the boundary of the petitioner and National Highway, within a time limit to be fixed by this Court. Considering the prayer to determine the boundary of the petitioner and National Highway, notice to the 5 th respondent is dispensed with.

(2.) It is averred that the petitioner is the owner of 2.43 Ares of land comprised in Sy.No.1485/6 in Kothamangalam Village, obtained as per Ext.P1 sale deed. West--north side of the property is National Highway and there is well separated boundary separating the property of the petitioner and the National Highway. The petitioner submits that National High Way Authority is developing and widening the said road and in the said process, the officers under the 1 st respondent encroached into the property 2025:KER:32945 of the petitioner, alleging that which forms part of the national highway and put up sign board for construction of the road. Thereupon the petitioner submitted various complaints requesting to measure out the property and to fix the boundary. As the measurement could not be conducted by the authorities till date, the petitioner has approached this Court.

(3.) Taking into consideration the above facts and circumstances, there will be a direction to respondents 1 to 4 to measure out the property of the petitioner with respect to Sy.No.1485/6 in Kothamangalam Village, taking into consideration Exts.P1 and P2 to determine the boundary with National Highway, within a period of one month from the date of receipt of a copy of this judgment.