KAMALASANAN, VISALA PADMINI THANKACHY AND SYAMALAMBIKA THANKACHY Vs. DISTRICT COLLECTOR-CUM-CHAIRMAN, SPECIAL GRADE PANCHAYAT, PRESIDENT AND RAJARETINAM

JUDGEMENT

(1.) The Petitioner has prayed for the issuance of a Writ in the nature of Certiorari for quashing the impugned order passed by the District Collector-cum-Chairman, District Rural Development Agency, Vide Se. Mu. No. 2646/2005/Aa4, dated Nil, 9.2004, but initialled on 19.9.2005, ordering the improvement of Killiyoor-Vellaiyambalam Bakthavatchalam road said to be passing through the Petitioners land consisting 40 cents in Old S. No. 2026(R.S. No. 262/14), 40 cents in Old. S. No. 2024 (R.S. No. 262/15) and 57 cents in Old S. No. 2023(R.S. No. 262/16) of Killiyoor Village, Vilavancode Taluk, Kanyakumari District.

(2.) In support of the prayer made, it is pleaded in the affidavit that the Petitioner is the owner who was in possession and enjoyment of the land referred to above, having inherited it under a registered will, dated 9.1.1980, executed by their parents, the deceased sankara Pillai, nephew of Kumara Pillai and Janaki Pillai Thankachi, daughter of Nanka Easwari Pillai Thankachy.

(3.) Rajarethinam/Respondent No. 4, with a mala-fide intention attempted to cut open the road across the Petitioners property which forced the Petitioners to file a suit in O.S. No. 190 of 1998 before the learned Additional District Munsif at Kuzhithurai, seeking a decree of permanent injunction. The suit was decreed vide judgment and decree dated 07.11.1996 and the Defendants were restrained from trespassing and constructing a road in the suit property. The judgment and decree has attained finality.