IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 632 of 2009(S) ------------------------ PETITIONER(S): --------------- 1. K.MOHANAN, S/O.LATE KRISHNA PANICKER ANIDODAYAM, ATHIRA NAGAR, KALLEKULANGARA PO., PALAKKAD-678 009. 2. P.NARAYANAN, S/O.KRISHNAN NAIR, SASTHAKRIPA.NO.19, ATHIRA NAGAR KALLEKULANGARA PO., PALAKKAD-678 009 3. GOPALAKRISHNAN NAIR, S/O.LATE RAMAN NAIR SREEPADMAM, ATHIRA NAGAR,, KALLEKULANGARA PO., PALAKKAD-678 009 4. S.RAMACHANDRAN PRABHU, S/O.V.SADANANDA PRABHU, PRESIDENT ATHIRA NAGAR HOUSING COLONY RAJ BHAVAN, HOUSE NO.6, ATHIRA NAGAR, KALLEKULANGARA PO., PALAKKAD-678009. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN RESPONDENT(S): --------------- 1. DIVISIONAL RAILWAY MANAGER PALAKKAD DIVISION, PALAKKAD. 2. AKATHETHARA GRAMA PANCHAYATH REP. BY ITS SECRETARY AKATHETHARA, PALAKKAD. 3. ASSISTANT EXECUTIVE ENGINEER, IRRIGATION SUB DIVISION, MALAMPUZHA PALAKKAD. 4. DISTRICT COLLECTOR, PALAKKAD. 5. STATE OF KERALA, REP. BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.. ADV. SRI.N.RAGHURAJ FOR R2 SRI.T.P.M.IBRAHIM KHAN,SR.SC, RAILWAYS FOR R1 GOVT.PLEADER SMT.K.MEERA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.632/2009 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE PLAN SHOWING THE LIE OF THE ROAD AND CANAL AND RESIDENT OF THE PETITIONERS AND OTHERS. EXT.P2 : TRUE COPY OF THE CERTIFICATE ISSUED BY THE AKATHETHARA PANCHAYAT TO THE PETITIONERS ON 1.1.2008. EXT.P3 : TRUE COPY OF THE LETTER DT. 1.1.2009 GIVEN BY THE ASST.EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT. EXT.P4 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE DIST.COLLECTOR, PALAKKAD. EXT.P5 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE TAHSILDAR ON 2.1.2009. RESPONDENTS' EXHIBITS : EXT.R2A : TRUE COPY OF THE LETTER DT. 1.12.2008 SENT BY THE 2ND RESPONDENT PANCHAYAT TO THE CHIEF MINISTER. EXT.R2B : TRUE COPY OF THE LETTER DT. 1.12.2008 SENT BY THE 2ND RESPONDENT PANCHAYAT TO THE MINISTER FOR LOCAL ADMINISTRATION. EXT.R2C : TRUE COPY OF THE LETTER DT. 1.12.2008 SENT BY THE 2ND RESPONDENT PANCHAYAT TO IRRIGATION MINISTER. EXT.R2D : TRUE COPY OF THE LETTER DT. 1.12.2008 SENT BY THE 2ND RESPONDENT PANCHAYAT TO THE DIST.COLLECTOR. EXT.R2E : TRUE COPY OF THE RESOLUTION PASSED BY THE GRAMA PANCHAYAT ON 27.11.2008. EXT.R1A : TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.312/2008 OF THE HEMAMBIKA NAGAR POLICE STATION, PALAKKAD. EXT.R1B : TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.363/2008 OF THE HEMAMBIKA NAGAR POLICE STATION, PALAKKAD. EXT.R1C : TRUE COPY OF THE PETITION NO.36/COL DT. 6.1.2009 FILED BY THE SECTION ENGINEER, WORKS BRANCH, SOUTHERN RAILWAY, PALAKKAD ON BEHALF OF THE RESPONDENT BEFORE THE CIRCLE INSPECTOR OF POLICE, HEMAMBIKA NAGAR POLICE STATION, PALAKKAD. EXT.R1D : TRUE COPY OF THE PETITION NO.36/COL DT. 12.1.2009 FILED BY THE SECTION ENGINEER, WORKS BRANCH, SOUTHERN RAILWAY, PALAKKAD ON BEHALF OF THE FIRST RESPONDENT BEFORE THE SUB INSPECTOR OF POLICE, HEMAMBIKA NAGAR POLICE STATION, PALAKKAD. S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.632 of 2009 ---------------------------------------------- Dated 13th July, 2009. J U D G M E N T Kurian Joseph, J. The writ petition is filed in public interest with the following prayers :- “(i) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the second respondent to take appropriate steps to remove the obstructions caused by the first respondent on the road constructed by the Akathethara Grama Panchayat by the side of Pudupariayaram Branch Canal. (ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 4th respondent District Collector to take appropriate steps on the representation Ext.P4 submitted by the petitioners and take appropriate steps to prevent any authorized obstruction caused by the first respondent to the road constructed by Akathethara Grama Panchayat by the side of the Puduparaiyaram Branch Canal. (iii) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the first respondent not to take any steps to obstruct or to block the road constructed by the Akathethara Grama Panchayat by the side of the Puduparaiyaram Branch Canal, pending disposal of the complaint before the District Collector, Palakkad.” On 15.1.2009, this court passed an interim order to the effect that no construction shall be made in the disputed property and status quo as on that date should be maintained. The interim WP(C) NO.632/2009 2 order was extended from time to time. In the meanwhile, the District Collector, Palakkad has taken steps to resolve the dispute, and in the process a survey also was undertaken. The District Collector has filed a statement dated 6.6.2009. Paragraph 2 of the statement reads as follows :- “It is submitted that the contentions involved in the Writ Petition have been got enquired through the Revenue Divisional Officer, Palakkad and other concerned departments. It is revealed that the land in question is comprised in Survey Nos.202, 152, 151, 150/9, 203/9 of Block 24 of Akathethara Village which is classified as 'Malampuzha Canal' and the ownership of land is vested with the Irrigation Department and that the Government Poramboke is seen unauthorisedly encroached by the Railway authorities by constructing compound walls. It is also submitted that the unauthorised obstruction made by the Railway authorities is causing difficulty to the public and irrespective of considering the land vested with any department, the Government land should be made convenient for the public.” Learned counsel appearing for the Railways submits that in the process, the Railways may be permitted to take steps to construct a compound wall so as to protect their property. Nobody can prevent the Railways from constructing a compound wall in their own property, after obtaining statutory permission. WP(C) NO.632/2009 3 Therefore, the writ petition is disposed of directing the District Collector to take appropriate action on Ext.P4 representation in the light of the steps already taken by the District Collector, some of which are referred to above, with notice to the petitioners and respondents 1 to 3. In the process, if any request is made by the Railways, the same shall also be considered by the District Collector. Till orders are passed by the District Collector as above, the interim order passed by this court will continue. S.R.BANNURMATH, Chief Justice. KURIAN JOSEPH, Judge. tgs S.R.BANNURMATH, C. J. & KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.632 of 2009 ---------------------------------------------- J U D G M E N T Dated 13th July, 2009.