IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 WP(C).No. 31028 of 2004(R) --------------------------------------- PETITIONERS: --------------------- 1. R.VIKRAMAN NAIR, S/O.LATE SRI. RAMAN PILLAI, AGED 55, THULASI BHAVAN, KUZHICHANI, THEKKEKULAM, BALARAMAPURAM P.O. THIRUVANANTYHAPURAM- 695 501. 2. V.RAMESH KUMAR, S/O.G.VIJAYA KUMAR, AGED 36, KALPADI VEEDU, SINGLE STREET, BALARAMAPURAM P.O. TRIVANDRUM -695 501. 3. M.UMMER SHEREEF, S/O.N.M.KABEER, AGED 33, SHAJEELA MANZIL, ANTHIYOOR, BALARAMAPURAM P.O. TRIVANDRUM. BY ADV. SRI.G.S.REGHUNATH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, TRIVANDRUM. 3. BALARAMAPURAM GRAMA PANCHAYATH, BALARAMAPURAM, TRIVANDRUM, REP. BY ITS SECRETARY. 4. POLLUTION CONTROL BOARD, TRIVANDRUM, REP. BY ITS SECRETARY. BY GOVERNMENT PLEADER SRI. K.V. MANOJKUMAR, ADV. SRI.S.SUDHEESHKAR, SC FOR KSPCB, ADV. SRI.C.J.JOY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH, J. --------------------------------------- W.P. (C) No. 31028 OF 2004 --------------------------------------- Dated this the 18th day of January, 2008. J U D G M E N T This writ petition is filed with the following prayers: A. That a writ of mandamus or other order be passed directing the 3rd respondent not to fill up Thekkekulam or use Thekkekulam and the purambokku lying around it for the purpose of collecting solid waste or for installing a waste processing plant in that property. B. That the 3rd respondent be directed by a writ of mandamus to maintain Thekkekulam as a permanent source of water and maintain and develop the said pond into a fresh water reservoir. In the counter affidavit filed by the third respondent-panchayath it is submitted that there is no such pond as Thekkekulam. There is no reply affidavit. Be that as it may, in case the petitioners have still any grievance left, they may pursue the matter before the first respondent. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp