IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 WP(C).No. 18364 of 2011(U) ----------------------------------------- PETITIONER(S): ------------------------- 1. THANKAPPAN, S/O.VASU, AGED 61, NADUVILMANAPURATHU, VALAM KARA, EDAYAKUNNAM, CHERANELLOOR VILLAGE, CHERANELLOOR, SOUTH CHITTOOR P.O.,KOCHI-682 027. 2. SASIDHARAN, S/O.KARUNAKARAN, AGED 59, ABLE BHAVAN, VADAKKEVALAM KARA, EDAYAKUNNAM, CHERANELLOOR VILLAGE, CHERANELLOOR, SOUTH CHITTOOR P.O., KOCHI-682 027. 3. VALLY, W/O.DASAN, AGED 65, MATTUMMEL HOUSE, VALAM KARA, EDAYAKUNNAM, CHERANELLOOR VILLAGE, CHERANELLOOR,SOUTH CHITTOOR P.O., KOCHI-682 027. 4. TASHMON, S/O.DASAN, AGED 40, MATTUMMEL HOUSE, VALAM KARA, EDAYAKUNNAM, CHERANELLOOR VILLAGE, CHERANELLOOR, SOUTH CHITTOOR P.O., KOCHI-682 027. BY ADVS. SRI.S.SREEKUMAR, SRI.P.MARTIN JOSE, SRI.P.PRIJITH, SRI.M.A.MOHAMMED SIRAJ. RESPONDENT(S): ---------------------------- 1. THE REVENUE DIVISIONAL OFFICER, FORT KOCHI, COCHIN-1. 2. JOY KULANGARA, S/O.VARGHESE, KULANGARA HOUSE, VALAM, SOUTH CHITTOOR P.O.,KOCHI-682 027. R1 BY GOVERNMENT PLEADER SMT. M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18364/2011 U APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF COMPLAINT SUBMITTED BY THE 2ND RESPONDENT AND 3 OTHERS TO THE 1ST RESPONDENT. P2: COPY OF THE OBJECTION DTD. 29/11/2010 SUBMITTED BY THE PETITIONERS. P3: COPY OF THE REPORT DTD. 17/01/2011 FROM DEPUTY DIRECTOR TO DIRECTOR OF SURVEYS. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 18364 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 18th July , 2011 JUDGMENT The petitioners have approached this Court seeking for a direction to be issued to the first respondent to dispose of Ext. P1 complaint and to intercept the proceedings proposing to construct a 'thodu' through the property of the petitioners, in the meanwhile. The learned counsel for the petitioners submits that no provisional order has been passed by the first respondent so far and as such, the proceedings are liable to be intercepted by this Court. 2. The learned Government Pleader appearing for the first respondent, with reference to the instructions stated as received as to the actual facts and figures, submits that, the lie, location and topography of the property have necessitated appropriate remedial measures. 3. In view of the limited nature of relief sought for and proposed to be given, notice to the second respondent is dispensed with for the time being. 4. After hearing both the sides, this Court finds that the matter requires to be considered by the first respondent in accordance with W.P. (C) No. 18364 of 2011 : 2 : law, before any possible dispossession of the petitioners' property is resulted. In the said circumstances, the Writ Petition is disposed of directing the first respondent to consider and pass appropriate orders on Ext.P1, after giving an opportunity of hearing to the petitioner as well as the second respondent, as expeditiously as possible, at any rate within 'three weeks' from the date of receipt of a copy of this judgment. Petitioners shall produce a copy of this judgment along with copy of the writ petition before the first respondent for further steps. P. R. RAMACHANDRA MENON, JUDGE kmd