IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(C).No. 20324 of 2010(M) --------------------------------------- PETITIONER: ------------------- RENI ALEX, KATTAKKAYAM HOUSE, ARAKULAM.P.O., MOOLAMATTOM, IDUKKI DISTRICT. BY ADVS. SRI.RAJU JOSEPH, SRI.GEORGE KUTTY MATHEW. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF IRRIGATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, M.V.I. PROJECT SUB DIVISION NO.1, MUTTOM.P.O., THODUPUZHA. 3. THE ASSISTANT EXECUTIVE ENGINEER, M.V.I. PROJECT SUB DIVISION NO-1, MUTTOM.P.O., THODUPUZHA. R1 TO R3 BY GOVT. PLEADER SRI. V. MANU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20324/2010-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REPRESENTATION DTD. 29/04/2008 WITH THE ENDORSEMENT OF THE R.2. DTD. 30/04/2008. EXT.P.2: COPY OF THE RESOLUTION PASSED BY THE ARAKKULAM GRAMA PANCHAYATH DTD. 09/06/2008. EXT.P.3: COPY OF THE LETTER SENT BY THE R.3. DTD. 27/11/2008 TOGETHER WITH THE ROUGH ESTIMATE. EXT.P.4: COPY OF THE APPLICATION UNDER THE RIGHT TO INFORMATION ACT DTD. 01/03/2010. EXT.P.5: COPY OF THE LETTER FROM THE R.2. DTD. 24/03/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.20324 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of July, 2010 J U D G M E N T The petitioner is an agriculturist cultivating an extent of 2.45 acres of land on the banks of Malankara Reservoir coming under the Muvattupuzha valley Irrigation Project Sub Division No.1 at Muttom near Thodupuzha. On account of soil erosion considerable part of the petitioner's property has been washed away. According to the petitioner, the only remedy for arresting the soil erosion is to construct a retaining wall. According to the petitioner, although all authorities agree that it is necessary to construct a retaining wall for the petitioner's property, nothing has so far materialized. Although the proposal for construction for the retaining wall was included in the Action Plan for the year 2009-2010, because of paucity of funds the same could not be executed. It is under the above circumstances the W.P.(C)No.20324 of 2010 -2- petitioner has filed this writ petition seeking the following reliefs: “(i) a writ of mandamus or any other writ direction or order directing the respondent to take immediate action to construct retaining wall for the petitioners property in Sy.No.674/1/C of Elappally Village lying along the riverside boundary of Malankara reservoir by including the said work in the Action plan for the year 2010-2011 and complete the construction during the year 2010-2011 itself. (ii) a writ of mandamus or any other writ direction or order directing the 1st respondent to allot the necessary funds to construct the retaining wall giving top priority for the same so as to complete the work during year 2010-2011.” 2. The learned Government Pleader on instructions submits that, the work has been included in the Action Plan for this year also but sanction has not yet been accorded by the Government for the purpose. He would submit that as soon as sanction is received from the Government work would be started and completed expeditiously. 3. Having heard both sides, I am of opinion that, the work cannot be protracted anymore on the ground of paucity of funds. The respondents should find out some funds to do the same because by further delay the petitioner would be wholly deprived of his property. Therefore the W.P.(C)No.20324 of 2010 -3- work should be taken up and completed in a time bound manner. Accordingly the respondents are directed to see that a retaining wall is constructed for the petitioner's property as expeditiously as possible, at any rate before the end of December,2010. The writ petition is disposed of as above. S. SIRI JAGAN JUDGE shg/