IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 1093 of 2005(E) -------------------------------------- PETITIONER: ------------------- GRAMA JANA SAMATHY, WARD NO.II, AROOR PANCHAYATH, REPRESENTED BY ITS SECRETARY V.J.PAUL, S/O. JOSEPH, VATTATHARAYIL AND WARD NO.II, AROOR PANCHAYATH, AROOR VILLAGE, CHERTHALA. BY ADV. SRI.C.K.SAJEEV RESPONDENTS: ----------------------- 1. DISTRICT COLLECTOR, ALAPPUZHA. 2. GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, ALAPPUZHA. 3. ALAPPUZHA DISTRICT PANCHAYATH, REPRESENTED BY ITS SECRETARY. 4. AROOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY. ADV. SRI.P.RAMAKRISHNAN FOR R4 BY GOVERNMENT PLEADER SRI.NOABLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.1093/2005 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE ROUGH SKETHC SHOWING THE NATURE AND LIED OF THE INDUSTRIAL AREA, PUBLIC CANAL PATHWAY ETC. EXT.P2:- COPY OF THE REPRESENTATION DT. 10.5.97 AND ITS TRUE ENGLISH TRANSLATION. EXT.P3:- COPY OF THE LETTER DT. 17.5.1997 ISSUED TO THE PETITIONER AND ITS TRUE ENGLISH TRANSLATION. EXT.P4:- COPY OF THE ORDER OF PROHIBITION DT. 21.5.97 AND ITS ENGLISH TANSLATION. EXT.P5:- COPY OF THE LETTER DT. 23.9.1997 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT AND ITS ENGLISH TRANSLATION. EXT.P6:- COPY OF THE REQUEST NO.D /4410/97 DT. 20.9.97 ISSUED BY the 2ND RESPONDENT AND ITS TRUE ENGLISH TRANSLATION. EXT.P7:- COPY OF THE REQUEST DT. 7.10.1997 AND ITS ENGLISH TRANSLATION. EXT.P8:- COPY OF THE REPRESENTATION DT. 26.10.1998 ISSUED O THE IST RESPONDENT AND ITS ENGLISH TRANSLATION. EXT.P9:- COPY OF THE REPRESENTATION DT. 1.1.05 MADE TO THE IST RESPONDENT AND ITS ENGLISH TRANSLATION. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.1093 of 2005 ---------------------------------------------- Dated 11th July, 2008. J U D G M E N T The writ petition is filed mainly with the following prayers :- (i) “Issue a writ of mandamus or any other writ, order or direction commanding the respondents to ascertain the extend of encroachment of the Public Canal and Pathway lying across the “Aroor Industrial Project Colony” at Ward No.II, Aroor Panchayath, Cherthala, and to evict the unauthorized occupation therefrom and further o restore and preserve the public canal and pathway. (ii) Issue a writ of mandamus or any other writ, order or direction to the 4th respondent commanding not to put up any structures including retaining wall without the encroached area of the public canal and pathway across the “Aroor Industrial Project Colony” being recovered.” In case the petitioner has still any grievance left, petitioner may bring the same to the notice of the respondents 1 and 4, in which case appropriate action in accordance with law with notice to the petitioner and other affected parties will be taken by the said authorities, within another four months. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.1093 of 2005 ---------------------------------------------- J U D G M E N T Dated 11th July, 2008.