IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 WP(C).No. 33377 of 2010(V) -------------------------- PETITIONER(S): --------------- M.M.LAKSHMIKUTTY AMMA, MAZHAAVANCHERRI VARIUM, P.O.KUMARANKARY, VIA.CHANGANACHERRY, ALAPPUZHA. BY ADV. SMT.LEENA KRISHNAN RESPONDENT(S): --------------- 1. VELIYANAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, VELIYANAD GRAMA PANCHAYATH, VELIYANAD P.O., ALAPPUZHA. 2. THE SECRETARY, VELIYANAD GRAMA PANCHAYATH, VELIYANAD P.O., ALAPPUZHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.33377 of 2010 ----------------------------------------- Dated this the 11th day of November, 2010 JUDGMENT The petitioner owns a parcel of land within the local limits of Veliyanad Grama Panchayat. Alleging that one Sri.K.Kesava Panicker and his children who own a parcel of land in Sy.No.378/5 of Veliyanad Village are attempting to fill up a poramboke kulam and a thodu through which water drains into the kulam from the neighbouring lands, the petitioner filed Ext.P3 representation before the Secretary of Veliyanad Grama Panchayat. The grievance voiced by the petitioner in this writ petition is that though nearly one year has passed after the said representation was filed, till date, the Secretary of Veliyanad Grama Panchayat has not taken any action in the matter. In this writ petition the petitioner seeks a direction to the respondents to consider Ext.P3 representation and take an appropriate decision thereon in accordance with law, within a time limit to be fixed by this Court. 2. A reading of Ext.P3 discloses that the petitioner has brought to the notice of the second respondent that Sri.K.Kesava Panicker and his children are taking steps to reclaim a poramboke W.P(C).No.33377 of 2010 -:2:- kulam and the thodu and that if the thodu and the poramboke kulam are reclaimed, it will affect the neighbouring residents. Going by the averments in the writ petition and the statements in Ext.P3, the thodu and the poramboke kulam are vested in the Veliyanad Grama Panchayat. In such circumstances I am of the opinion that the respondents should consider the complaint voiced by the petitioner in Ext.P3 and take an appropriate decision thereon in accordance with law. I accordingly dispose of the writ petition with a direction to the respondents to enquire into Ext.P3 with notice to the petitioner and Sri.K.Kesava Panicker named therein and take an appropriate decision thereon expeditiously and in any event within three weeks from the date on which the petitioner produces a certified copy of this judgment before the Secretary of Veliyanad Grama Panchayat. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.33377 of 2010 ---------------------------- JUDGMENT 11th November, 2010