IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WP(C).No. 12443 of 2008(F) ----------------------------------------- PETITIONER(S): -------------------------- VENNIPPADOM VADAKKEBHAGOM NELLULPADAKA SANGHOM, MELADOOR P.O., A REGISTERED SOCIETY (NO:612/1991) REPRESENTED BY SECRETARY JOY, S/O.FRANCIS, MELADOOR P.O., THRISSUR DIST. BY ADV. SRI.K.G.BALASUBRAMANIAN RESPONDENT(S): --------------------------- 1. ANNAMANADA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, ANNAMANADA P.O., THRISSUR DIST. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM. 3. THE REVENUE DIVISIONAL OFFICER, THRISSUR. R1 BY ADV. MR.FRANCO T.J. R2 & R3 BY GOVERNMENT PLEADER MR. V.MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.12443/2008 F APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF REPRESENTATION DTD. 8/02/2008 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AND OTHERS. P2: COPY OF THE REPRESENTATION DTD. 11/02/2008 BEFORE 1ST RESPONDENT AND OTHERS. P3: COPY OF ORDER NO.EC-188/088/V.DIS. OF THE 3RD RESPONDENT . DTD. 20/02/2008. P4: COPY OF COMMISSION REPORT IN OS.65/2008 IN THE COURT OF THE MUNSIFF, CHALAKUDY. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.12443 OF 2008 ------------------------------------------- Dated this the 23rd day of July, 2009 JUDGMENT 1.A large chunk of paddy fields is the ultimate subject matter of this writ petition. The formation of a new road has created apprehension of water logging, adversely affecting the cultivation. Possibility of over flooding, if any, has to be necessarily conceived, well in advance, and properly handled, rather than wait for the 11th hour. While the petitioner, a body of farmers, says that in spite of pipes being placed nearby the sluice, there should be a culvert in place, the panchayat stands to say that the pipes which are already placed will serve the purpose. The Revenue Divisional Officer has forwarded a complaint for enquiry. In turn, the Tahsildar has instructed the contractor against completion of the road without a culvert being provided. The cultivations and the cultivable lands have to be protected. It is the act of proper planning that leads to congenial discharge of the constitutional obligations of the executive machinery of the State. This includes not only the WPC.12443/08 Page numbers governmental machinery but the panchayat and all other limbs which have to act as servants of the Sovereign, viz., We the People. Judicial orders, executive orders, other statutory orders etc. may not ultimately provide the resolution of the disputes in question. All concerned, have to sit and come to the appropriate remedy. 2.With the aforesaid in mind, the third respondent RDO is directed to convene a conference at the appropriate place so that the members of the petitioner and the competent among the officials of the first respondent, as also the local Agricultural Officer, the Village Officer, the Tahsildar and other necessary persons, including officials of the Public Works Department, if necessary, are brought to sit and discuss on the matter and reach at a viable solution. I also deem it appropriate that the members of the petitioner should think about making some contribution, either in the form of fund or labour, in the event of the panchayat willing to have a culvert since the panchayat also cannot be forced to shell out WPC.12443/08 Page numbers beyond its financial capabilities. The RDO will do the needful in terms of what is directed above and attempt to resolve the disputes in hand amicably. To aid that process, this writ petition is closed without prejudice to contentions. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.24/7.