IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No. 5205 of 2007(T) ------------------------- PETITIONERS: --------------- 1. T.R.KAMALAM,WIFE OF MADHAVAN,MADAVANA HOUSE, THOTTAKATTUKARA, ALUVA. 2. PADMAM CHANDRABANU, WIFE OF CHANDRABANU, MADAVANA HOUSE, THOTTAKATTUKARA, ALUVA. 3. CHANDRABANU, SON OF MADHAVAN,MADAVANA HOUSE, THOTTAKATTUKARA, ALUVA. BY ADV. SRI.K.B.PRADEEP RESPONDENTS: ----------------- 1. THE STATE OF KERALA REP. BY THE SECRETARY, HOME AFFAIRS,GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER, FORT COCHIN. 3. THE CICLE INSPECTOR OF POLICE, ALUVA. 4. THE SUB INSPECTOR OF POLICE, ALUVA POLICE STATION, ALUVA. 5. M.P.UDAYAN, AGED ABOUT 45 YEARS, COMPANY EMPLOYEE, S/O.PARAMESWARAN,MALIL HOUSE, EAST KADUNGALLOOR, ALUVA. 6. SURESH MUTTATHIL, AGED ABOUT 44 YEARS, S/O.GOVINDANKUTTY, MUTTATHIL HOUSE,WEST KADUNGALLOOR, ALUVA. 7. K.SHEKARAN, AGED ABOUT 55 YEARS, DAILY WAGES WORKER, S/O.KUNJANDI,PANDATHUNDIL HOUSE, LAKSHAM VEEDU, KADAPILLI, EAST KADUNGALLOOR ALUVA. WPC : 5205/07 8. P.V.SUBRAMANIYAN, AGED ABOUT 55 YEARS, FARMER, S/O.VELAYUDHAN,PALLICHAMPARAMBU, KADAPILLI EAST KADUNGALLOOR, ALUVA. 9. ABDUL JALEEL, AGED ABOUT 50 YEARS, S/O.CHANDATHI ABDUL REHMAN, KODOTH CHRIVUPARAMBU, U.C.COLLEGE P.O., EAST KADUNGALLOOR, ALUVA. R5, R6 &R9 BY ADV. SRI.T.H.ABDUL AZEEZ SRI.P.ANOOP (MULAVANA) R1 TO R4 BY GOVERNMENT PLEADER, SRI.N.A. ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 5205/07 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 : TRUE COPY OF THE COMPLAINT DATED 5.2.07 SUBMITTED TO THE 2ND RESPONDENT. EXT.P2 : TRUE COPY OF THE COMPLAINT DATED 7.2.07 LODGED BEFORE THE 4TH RESPONDENT. EXT.P3 : TRUE COPY OF THE COMPLAINT DATED NIL LODGED BEFORE THE 4TH RESPONDENT. /TRUE COPY/ PA TO JUDGE ANTONY DOMINIC, J. ----------------------------- W.P.(C) No. 5205 of 2007 -------------------------------------- Dated this the 27th day of January, 2009 JUDGMENT Petitioners' complaint is that the respondents 5 to 9 have attempted to fill up a water channel passing through the boundary of the petitioner's property situated in resurvey nos. 216/1 and 216/2 and 219/1/2 of Aluva West Village and that as a result of this, the flow of water is obstructed. On the basis of aforesaid allegation, the petitioner has filed Exhibit P1 complaint before the second respondent. From the counter affidavit filed by the second respondent, it is seen that the receipt of complaint has been admitted and it is also evident from the affidavit that final order in the matter has not been passed. Therefore, I direct the second respondent to pass final orders on Exhibit P1 complaint made by the petitioner alleging that respondents 5 to 9 have filled up the water channel. Orders shall be passed expeditiously as possible at any rate within eight weeks of production of copy of this judgment. In the meanwhile, the interim order passed by this Court on 15/02/2007 and extended subsequently will remain in force. W.P.(C) No. 5205/2007 2 Petitioner shall produce a copy of this judgment before the second respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE scm