IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 WP(C).No. 30234 of 2010(D) --------------------------------------- PETITIONER(S): ----------------------- P.N.MANOHARAN, S/O.NARAYANAN,AGED 64,PANIKKASSERY HOUSE, PALLURUTHY PO,KOCHI-682 006. BY ADVS. SRI.G.KRISHNAKUMAR SRI.P.H.SHAJI (THRIKKAKARA) SRI.TITTO THOMAS SRI.SURAJ KRISHNA RESPONDENT(S): -------------------------- 1. COCHIN CORPORATION PARK AVENUE ROAD, ERNAKULAM,REP.BY ITS SECRETARY,KOCHI-18. 2. THA TAHSILDAR,TALUK OFFICE,KOCHI-682 001 3. THE DISTRICT COLLECTOR, CIVIL STATION, ERNAKULAM,KOCHI-23 4. SHANMUKHA VILASAM SABHA, KONAM, PERUMBADAPPU,PALLURUTHY,KOCHI-6. BY ADV. SRI.S.RAMESH BABU, SC R2 & R3 BY GOVT. PLEADER SRI.K.RAMESH R4 BY ADV. SRI.K.L.JOSEPH, SMT.P.SAREENA GEORG. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.30234/2010 APPENDIX PETITIONER'S EXHIBITS P1:- ROUGH SKETCH OF THE LIE AND NATURE OF THE PROPERTY.. P2:- COPY OF THE CONNECTION ORDER DTD. 17.5.2008 ISSUED BY THE ASST. EXECUTIVE ENGINEER, KERALA WATER AUTHORITY. P3:- COPY OF THE COMMUNICATION DTD. 18.10.2008 ISSUED BY THE ASST. EXECUTIVE ENGINEER, COCHIN CORPORATION. P4:- COPY OF THE REPRESETATION DTD. 2.6.08 PREFERRED TO THE 2ND RESPONDENT. P5:- COPY OF THE REPRESENTATION DTD 2.6.08 PREFERRED TO THE 2ND RESPONDENT. P6:- COPY OF THE JUDGMENT DT. 2.7.08 IN WPC. 19853/2008. P7:- COPY OF THE SKETCH OF THE PROPERTY PREPARED BY THE TALUK SURVEYOR, AFTER MEASURING THE PROPERTY. P8:- COPY OF THE COMMUNICATION DTD. 10.11.2008 ISSUED BY THE 2ND RESPONDENT UNDER RTI ACT. P9:- COPY OF THE LETTER DTD. 7.10.08 ISSUED BY THE 2ND RESPONDENT TO THE IST RESPONDENT. P10:- COPY OF THE COMMUNICATION DTD. 17.3.2009 ISSUED BY THE IST RESPONDENT TO THE 2ND RESPONDENT. P11:- COPY OF THE JUDGMENT DTD. 8.6.09 IN CONTEMPT CASE (C) 293/2009. P12:- COPY OF THE APPLICATION DTD. 30.9.2009 FILED BEFORE THE IST RESPONDENT UNDER THE RTI ACT. P13:- COPY OF THE REPLY DTD. 11.1.2010 ISSUED BY THE IST RESPONDENT. P14:- COPY OF THE PROCEEDINGS DTD. 27.11.2008 OF THE TOWN PLANNING STANDING COMMITTEE OF THE IST RESPONDENT. P15:- COPY OF THE RESOLUTION DTD. 11.2.2009 OF THE STANDING COMMITTEE OF THE IST RESPONDENT. RESPONDENT'S EXHIBITS R2(a):- COPY OF THE LETTER NO.S2/6802/08 DTD. 7.10.08 ADDRESSED TO THE IST RESPONDENT. R2(b):- COPY OF THE PROCEEDINGS NO.S26802/08 DTD. 7.4.2009 OF THE ADDITIONAL THAHSILDAR, KOCHI TALUK. TRUE COPY P.S. TO JUDGE tss HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.30234 OF 2010 ------------------------------- DATED THIS THE 14 TH DAY OF JULY, 2011 JUDGMENT This writ petition is filed for a writ of mandamus directing respondents 1 to 3 to remove the encroachment by the 4th respondent in the puramboke land as found by the Taluk Surveyor as per Ext.P7 sketch. Petitioner alleges in the writ petition that the Water Authority by Ext.P2 order granted water connection to the petitioner's house, but the petitioner cannot install pipe for water connection due to the illegal encroachment by the 4th respondent. According to the petitioner, the property through which the pipe has to be installed is the puramboke land, which is illegally encroached by the 4th respondent and is in possession of the 4th respondent. The petitioner submits that unless and until the said illegal encroachment is removed, the petitioner cannot get potable water, as it is not possible to draw pipe from the salvage canal. 2. In the counter affidavit the 4th respondent denied the -2- W.P.(C).No.30234/2010 allegation of the petitioner that he could not draw water connection due to the illegal encroachment of puramboke land by the 4th respondent. It is stated in paragraph 5 of the counter affidavit that the 4th respondent has not obstructed the drawing of water connection to the house of the petitioner, that he was willing to give all necessary help to draw water to the property of the petitioner and that even now he is willing for the same. The statement of the 4th respondent is recorded. The 4th respondent shall provide all help to the petitioner for drawing water connection through a portion of the puramboke land, which is in the possession of the 4th respondent. Writ petition is closed. HARUN-UL-RASHID, Judge. kcv.