IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 17777 of 2005(N) -------------------------------------- PETITIONER: -------------------- M/S. ECOGREEN PLANTATIONS PRIVATE LTD., HAVING REGISTERED OFFICE AT, 1A ROOTS ENCLAVE, SRM ROAD, COCHIN-18, REPRESENTED BY ITS MANAGING DIRECTOR, BASTIN JAISON LUIZ. BY ADV. SRI.JOMY GEORGE RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, PAINAVU, IDUKKI. 3. THE TAHSILDAR, DEVIKULAM TALUK, DEVIKULAM. 4. THE VILLAGE OFFICER, MANKULAM VILLAGE, MANKULAM, IDUKKI DISTRICT. GOVERNMENT PLEADER SRI. NOBLE MATHEW FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.17777/2005 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE PURCHASE CERTIFICATE IN FAVOUR OF KURUPPAYYA DT. NIL. EXT.P2:- COPY OF THE PURCHASE CERTIFICATE IN FAVOUR OF P.C.SARAMMA DT. NIL. EXT.P3:- COPY OF THE ROUGH SKETCH PLOTS INCLUDING PLOT NO.1010 DT. NIL. EXT.P4:- COPY OF THE ORDER DT. 13.6.05 ISSUED BY THE 4TH RESPONDENT. EXT.P5:- COPY OF THE REPRESENTATION DT. 13.6.05 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 17777 OF 2005 --------------------------------------- Dated this the 4th day of July, 2008. J U D G M E N T In the matter of direction to demolish the check dam, there is already an interim dated 14.06.2005, which reads as follows: “Admit. Issue notice. Interim stay of demolition of the check dam subject to the condition that the petitioner shall not store any water”. It is submitted that the order was passed without notice to the petitioner. Therefore, there will be a direction to the second respondent to consider Exhibit P5 with notice to the petitioner and appropriate orders in accordance with law thereon shall be passed within a period of four months from the date of receipt of a copy of this judgment. Interim order passed by this Court will continue till such time. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 17777 OF 2005 J U D G M E N T 04.07.2008