IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 WP(C).No. 24358 of 2009(L) ------------------------------------- PETITIONER(S): ------------------------ 1. JOSEPH, AGED 55 YEARS, S/O.ANTONY, NJANAKKAL, DON-BOSCO ROAD, VADUTHALA P.O., KOCHI-23. 2. JERRY P.A., AGED 47 YEARS, S/O.ANACLOSE, POOVANKERIL HOUSE, BOAT JETTY ROAD, VADUTHALA P.O., KOCHI-23. BY ADVS.MR.C.V.MANUVILSAN MR.P.G.SURESH SMT.K.VIDYA MR.M.R.VIBIN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GOVERNMENT OF KERALA, REVENUE (B) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. TAHSILDAR, KANAYANNOOR TALUK, ERNAKULAM. 4. THE VILLAGE OFFICER, CHERANALLOOR VILLAGE, KANAYANNOOR TALUK, ERNAKULAM. 5. THE SECRETARY, MULAVUKADU GRAMA PANCHAYATH, MULAVUKADU.P.O., ERNAKULAM. 6. CHAIRMAN, COCHIN PORT TRUST, ERNAKULAM. W.P.(C) NO.24358/2009 7. AFCONS INFRASTRUCTURE LTD, VALLARPADAM, KOCHI. 8. RAIL VIKAS NIGAM LTD, REPRESENTED BY ITS DY.GENERAL MANAGER, GANDHI NAGAR, KADAVANTHARA, KOCHI. R1 TO R4 BY GOVT. PLEADER MR.P.NARAYANAN R5 BY ADVS.MR.N.B.SUNIL NATH,SC, RAILWAYS R5 MR.K.G.SARATHKUMAR R6 BY MR.K.ANAND (A.201) R6 BY SMT.LATHA KRISHNAN R7 BY MR.M.RAMESH CHANDER, SMT.K.A.SANJEETHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.24358/2009 APPENDIX PETITIONER'S EXHIBITS P1 SERIES:- COPY OF THE EVIDENCING THE CONSTRUCTION OF BUND ROAD ACROSS THE VADUTHALA BACKWATER. P2 SERIES:- COPY OF THE EVIDENCING THE DEPOSIT OF CEMENT WASTER AND SLURRY WASTE TO THE BACKWATER THROUGH THE SIDE OF THIS BUND ROAD. P3:- COPY OF THE MASS REPRESENTATION PREFERRED BY THE PETITIONER AND OTHERS BEFORE THE 2ND RESPONDENT. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.24358 OF 2009 --------------------------------------- Dated this the 22nd day of March, 2010. J U D G M E N T The petitioners are two fishermen who are aggrieved by the execution of part of the Vallarpadam Container Dream Project whereby a bund road has been constructed for enabling the respondents to effect various constructions. 2. The 7th respondent has filed a counter affidavit explaining various aspects. It is submitted that after various deliberations, it was agreed that they will restore the backwaters to the original form. It is also explained that without constructing the bund, they could not have completed that part of the project. 3. It is submitted by the learned counsel for the 7th respondent that the original position of the backwaters has been restored already. Learned counsel for the petitioners submitted that there is no complete restoration. It is a matter for the 2nd respondent to consider after conducting an inspection by any of the subordinate officers. If W.P.(C) No.24358/2009 2 the petitioners have got any further grievances in the matter, they can approach the 2nd respondent who will take appropriate action if any required. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp