IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 20725 of 2007(P) -------------------------------------- PETITIONER: ----------------- SMT.INDIRA NAIR, AGED 59 YEARS, W/O LATE LT.COLONEL C.S.NAIR, AMBALLUR HOUSE, OTHARA WEST, OTHARA P.O., THIRUVALLA, PATHANAMTHITTA DIST. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPT. WATER RESOURCES, SCRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, MAJOR IRRIGATIONS, PUBLIC BUILDINGS, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, MAJOR IRRIGATION DIVISION, THIRUVANANTHAPURAM. 4. THE ASST. EXECUTIVE ENGINEER, MAJOR IRRIGATION SUB DIVISION, MAVELIKKARA. 5. THE ASST. ENGINEER, MAJOR IRRIGATION SECTION OFFICE, THIRUVALLA. 6. THE DISTRICT EXPERT COMMITTEE REP. BY ITS CHAIRMAN, THE DISTRICT COLLECTOR, ALAPPUZHA. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20725 of 2007(P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALE DEED NO.22145/89, OF CHNGANNUR SUB REGISTRY. EXT.P1(a):COPY OF THE SALE DEED NO.2014/89 OF CHENGANNUR SUB REGISTRY. EXT.P1(b):COPY OF THE SALE DEED NO.2135/89 OF CHENGANNUR SUB REGISTRY. EXT.P2: COPIES OF THE REPRESENTATION SUBMITTED BY PETITIONER'S LATE HUSBAND BEFORE THE 2ND RESPONDENT AS EARLY AS ON 08/08/1997. EXT.P2(a):COPIES OF THE REPRESENTATION SUBMITTED BY PETITIONER'S LATE HUSBAND BEFORE THE 3RD RESPONDENT AS EARLY AS ON 08/08/1997. EXT.P2(b):COPIES OF THE REPRESENTATION SUBMITTED BY PETITIONER'S LATE HUSBAND BEFORE THE 5TH RESPONDENT AS EARLY AS ON 08/08/1997. EXT.P3: COPY OF THE NEWS PAPER ARTICLE THAT APPEARED IN MATHRUBHOOMI DAILY DATED 01/08/1997 FRIDAY. EXT.P4 & P4(a):COPY OF THE REPRESENTATION DATED 21/05/2007 SUBMITTED BEFORE RESPONDENTS 1 AND 2. EXT.P5: COPY OF THE STATEMENT FILED ON BEHALF OF THE EXECUTIVE ENGINEER, MAJOR IRRIGATION, KOLLAM IN W.P.(C). NO.33140/2004 BEFORE THIS HON'BLE COURT. EXT.P6: COPY OF THE JUDGMENT DATED 14/02/2005 IN W.P.(C). NO.33140/2005 ON THE FILE OF THIS HON'BLE COURT. EXT.P7: COPY OF THE COMMUNICATION DATED 26/05/2007 FROM THE OFFICE OF MINISTER. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No. 20725 of 2007 ----------------------------------------- Dated this the 20th day of June, 2008 JUDGMENT The writ petition is filed mainly with the following prayer:- (i) Issue a writ of mandamus, or any other appropriate writ, order or direction commanding the respondents to take expeditious steps for the construction of a retaining wall along the eastern riverside of the petitioner's property aside River Pampa after reclaiming the 30 cents of land approx., already lost due to river bank erosion, at the earliest. There will be a direction to the 2nd respondent to take appropriate action on Ext.P4 with notice to the petitioner within a period of four months from the date of production of a copy of the judgment. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.20725 of 2007 ----------------------------------- JUDGMENT 20th June, 2008