IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 WP(C).No. 849 of 2011(E) ----------------------------------- PETITIONER: ------------------- BAVACHAN VARGHESE, AGED 48 YEARS, S/O.VARGHESE,KODIYAMPARAYIL HOUSE, NEAR MEDICAL MISSION HOSPITAL,KOLENCHERRY, ERNAKULAM DISTRICT. BY ADVS. SRI.SAJEEV KUMAR K.GOPAL, SMT.AMBIKA RADHAKRISHNAN. RESPONDENTS: ------------------------ 1. THE AIKARANAD GRAMA PANCHAYATH, KADAYIRUPPU P.O.,KOLENCHERRY, PIN-682 311,REPRESENTED BY ITS SECRETARY, 2. THE SECRETARY,THE AIKARANAD GRAMA PANCHAYATH,KADAYIRUPPU.P.O,KOLENCHERRY, PIN-682 311. 3. THE DISTRICT COLLECTOR, ERNAKULAM, KAKKANAD,PIN-682 030. 4. THE ASSISTANT ENGINEER, PWD ROADS DIVISION, PUTHENCRUZE,PIN-682 308. R1 & R2 BY ADVS. SRI.C.ANILKUMAR (KALLESSERIL), SRI.N.K.POULOSEKUTTY, R3 & R4 BY GOVERNMENT PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.849 OF 2011 -------------------------------------------- Dated this the 18th day of February, 2011 JUDGMENT This Writ Petition has been filed mainly with the prayer to issue a writ of mandamus commanding respondents 1 and 2 not to fill up or reduce the area of the existing pond called Olimbuchira in Kolencherry within the jurisdiction of respondents 1 and 2 for the purpose of making use of the property for any development activities including widening of the road or for construction of shopping complex and for such other consequential reliefs. 2. A counter affidavit has been filed in this Writ petition on behalf of respondents 1 and 2. The fourth respondent has also filed a separate counter affidavit in this Writ Petition. In the said counter affidavits, it has been categorically stated that they did not have any intention as alleged by the petitioner. In other words, it has been stated therein that the pond in question would not be filled up for any purpose; whilst, it would be protected. Recording the said statements made in the respective counter affidavits filed on behalf of respondents 1& 2 and the fourth respondent, this Writ Petition is closed. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO. 2 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO. 3