IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 3086 of 2005(P) ------------------------- PETITIONERS: ----------------- 1. P.SIVADASAN, THEKKUMPURAM HOUSE, VEMBALLOOR P.O., PALAKKAD-678 502. 2. K.VASU, THEKKUMPURAM OKARAKODE HOUSE, VEMBALLOOR P.O., PALAKKAD-678 502. 3. K.APPUKUTTAN, OKARAKODE HOUSE, VEMBALLOOR P.O., PALAKKAD-678 502. 4. M.VELAYUDHAN, OKARAKODE HOUSE, VEMBALLOOR P.O., PALAKKAD-678 502. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SMT.A.S.BEENU SRI.M.V.BIPIN RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, PALAKKAD. 3. THE TALUK LAND BOARD, ALATHUR. 4. THE DIVISIONAL FOREST OFFICER, NENMARA, PALAKKAD. 5. THENKURISSI GRAMA PANCHAYAT, THENKURISSI, PALAKKAD DIST., REP. BY ITS SECRETARY W.P.(C)No. 3086/2005 6. GANAPATHY AIYER, S/O. K.S.SUNDARA AIYER, MUKKU THERUVU, KERALAPURAM GRAMAM, KODUVAYUR, PALAKKAD DISTRICT. 7. R.SWAMINATHAN, S/O. RAKKANDI, THEKKUMPURATHU, VEMBALLOOR P.O., PALAKKAD. BY ADV. SRI.G.HARIHARAN FOR R6 SRI.PRAVEEN.H. FOR R7 SRI.S.V.BALAKRISHNA IYER (SR.) FOR R5 SRI.P.B.KRISHNAN FOR R5 SRI.HARISH R. MENON FOR R5 GOVERNMENT PLEADER SRI. MOHAMMED ANZAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No. 3086/2005 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF ORDER NO. CC 1114/73 DATED 5.5.1998 ISSUED BY THE TALUK LAND BOARD, ALATHUR. EXHIBIT P2 : TRUE COPY OF THE COMPLAINT DATED 12.10.04 GIVEN BY THE PETITIONERS AND OTHER RESIDENTS OF THE LOCALITY BEFORE THE HON'BLE CHIEF MINISTER OF KERALA. EXHIBIT P3 : TRUE COPY OF LETTER NO. PGRCMM. 2419/04/57 DATED 21.10.04 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER. EXHIBIT P4 : TRUE COPY OF COMPLAINT GIVEN BY THE PETITIONERS BEFORE THE 4TH RESPONDENT DATED 17.12.2004. /TRUE COPY/ P.A. TO JUDGE. vkm KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.3086 of 2005 ---------------------------------------------- Dated 11th July, 2008. J U D G M E N T The writ petition is filed mainly with the following prayer :- “Issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents 1 to 5 to protect and preserve the public pond situated in Sy.No.113/4 of Thenkurussi No.2 village used by the petitioners and other locals for meeting their fresh water requirement against any obstruction or encroachment by respondents 6 and 7 or their supporters.” Exts.P2 and P4 representations are pending in the matter. In case no action has been taken in the matter, petitioners may produce a copy of this judgment before respondents 2 and 4, in which case, appropriate action in accordance with law in the matter with notice to the petitioners and respondents 5 to 7 will be taken by the said authorities, within another four months. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.3086 of 2005 ---------------------------------------------- J U D G M E N T Dated 11th July, 2008.