IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WP(C).No. 21751 of 2009(L) ---------------------------------------- PETITIONER(S): ------------------------- 1. P.N.KRISHNA PANICKER, S/O. NARAYANA PANICKER, AGED 70, INDIRA BHAVAN, ARIKUZHA.P.O. MANAKKAD VILLAGE, THODUPUZHA. 2. K.VINOD, S/O. P.N.KRISHNA PANICKER, PRESENTLY WORKING AT EMIRATE AIR LINES, DUBAI, UAE, REP. BY HIS POWER OF ATTORNEY HOLDER SRI P.N.KRISHNA PANICKER, INDIRA BAVAN, ARIKUZHA.P.O. MANAKKAD VILLAGE THODUPUZHA. BY ADV. SMT.R.RANJINI RESPONDENT(S): --------------------------- 1. MANAKKAD PANCHAYATH REPRESENTED BY ITS SECRETRY, MANAKKAD,PUTHUPERIYARAM.P.O. THODUPUZHA. 2. THE DISTRICT COLLECTOR, IDUKKI. 3. DEPUTY DIRECTOR OF SURVEY, KUILMALA, COLLECTORATE,CIVIL STATION, PAINAVE.P.O. IDUKKI DISTRICT. 4. THE TALUK SURVEY OFFICER, OFFICE OF THE THASILDAR, THODUPUZHA TALUK, MANAKKAD. 5. THE THASILDAR, OFFICE OF THE THASILDAR, THODUPUZHA TALUK, MANAKKAD. 6. THE VILLAGE OFFICER, MANAKKAD VILLAGE, MANAKKAD, THODUPUZHA. R2 TO R6 BY GOVERNMENT PLEADER MR. V. MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21751/2009 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RE-SY SKETCH OF BLOCK NO.11. P2: COPY OF THE REPORT SUBMITTED BY THE 6TH RESPONDENT. P3: COPY OF THE REPRESENTATION DTED. 22/06/2009 SUBMITTED BEFORE THE 1ST RESPONDENT. P4: COPY OF THE REPRESENTATION DTD. 15/07/2009 SUBMITTED BEFORE THE 5TH RESPONDENT. P5: COPY OF THE POWER OF ATTORNEY DTD. 24/06/2006. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.21751 OF 2009 ------------------------------------------- Dated this the 24th day of September, 2009 JUDGMENT The petitioners have sought for certain directions on the allegation that there are attempts to fill up a Government owned canal. The allegation regarding the filling up of the canal is apparently supported by the counter affidavit of the Deputy Tahsildar on behalf of the fifth respondent. She states that on the basis of the petitioners' application, the Tahsildar, Thodupuzha Taluk has taken action and obtained a list of persons who have encroached and action is now being proceeded with for surveying the land. The statements in the said counter affidavit dated 27.8.2009 are recorded. Accordingly, it is ordered that the survey procedures shall be completed by the competent authority within a period of three months from the date of receipt of a copy of this judgment and necessary action, if any, found due on the basis of that survey shall be concluded within an outer limit of a further period of six months, without fail. The fifth respondent shall be duty bound to WPC.21751/09 Page numbers ensure that the directions in this regard are appropriately carried out through the competent officers. Let an official report regarding the action taken in this regard be made available to the Registrar General of this Court within a period of 11 months from now. The petitioners are directed to appear before the fifth respondent and obtain the date of survey etc. They will also co-operate, as may be required by the fifth respondent, in accordance with law. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.25/9.