IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 WP(C).No. 33874 of 2006(S) -------------------------- PETITIONERS: --------------- 1. TONY, CHETTIYAMKUNNEL HOUSE, PIRAVOM P.O., ERNAKULAM DISTRICT. 2. M.A. KURIAN, MADATHIKUNNEL HOUSE, PIRAVOM P.O., ERNAKULAM DISTRICT. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENTS: ----------------- 1. THE PIRAVAM GRAMA PANCHAYATH REP. BY ITS SECRETARY. 2. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, KAKKANDU, ERNAKULAM. 3. KERALA POLLUTION CONTROL BOARD, REP. BY ITS MEMBER SECRETARY, PATTOM, THIRUVANANTHAPURAM. 4. V.V. PAULOSE, VEETTAL HOUSE, KUZHUMURI, RAMAMANGALAM. * ADDL. 5. P.K. MATHEW, PRAMADOTHIL HOUSE, PRESIDENT, CHELLIYATH PADASEKHARA SAMITHI, REG. NO.114/90, PIRAVOM. *ADDL. 6. K. VARKEY, VALLAVATHATTIL HOUSE, SECRETARY, CHELLIYATH PADASEKHARA SAMITHI, REG. NO.114/90, PIRAVOM. (*IMPLEADED AS PER ORDER DATED 24.11.08 IN IA NO.14772/08) R1 BY SRI.C.C.THOMAS, SENIOR ADVOCATE SRI.KARTHIKEYAN. R2 BY SENIOR GOVERNMENT PLEADER, SMT. K. MEERA. R3 BY SRI.M.K.CHANDRAMOHAN DAS, SC, PCB ADDL.R5 & R6 BY ADV. SRI.K.PAUL KURIAKOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33874 of 2006(S) APPENDIX PETITIONERS' EXHIBITS' EXT.P1 : TRUE OCPY OF THE NEWS ITEM PUBLISHED IN MATHRUBHUMI DAILY ON 12.12.06. EXT.P1(A) : ENGLISH TRANSLATION OF EXT.P1. EXT.P2 : TRUE COPY OF THE MASS REPRESENTATION DATED 15.12.06 FILED BEFORE THE 1ST RESPONDENT. EXT.P2(A) : ENGLISH TRANSLATION OF EXT.P2. EXT.P3 : TRUE COPY OF THE REPRESENTATION DATED 15.12.06 FILED BEFORE THE 2ND RESPONDENT. EXT.P4 : TRUE COPY OF THE REPRESENTATION DATED 16.12.06 FILED BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R5(A) : TRUE OCPY OF THE REPLY DATED 06.08.08 RECEIVED BY THE 5TH RESPONDENT TOGETHER WITH THE ESTIMATE REPORT. EXT.R5(B) : ENGLISH TRANSLATION OF THE LETTER DATED 06.08.08 WHICH IS IN MALAYALAM. /TRUE COPY/ PA TO JUDGE S.R. Bannurmath, C.J. & Thottathil B. Radhakrishnan, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 33874 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of January, 2010 JUDGMENT S.R.Bannurmath, C.J. This Public Interest Litigation is filed seeking relief in relation to the activity of the Minor Irrigation Department to cut open a channel. 2. After issuance of notice the 1st respondent has filed an affidavit, inter alia, stating that the 1st respondent is not interested in the diversion of the existing drainage. Pursuant to the order dated 18.12.09, the 2nd respondent has submitted a report along with a detailed sketch. Paragraph 5 of the report reads as follows: “5. It is submitted that as a Chappath constructed by the Public Works Department(Roads) is functioning well, it is found that there is no need to construct a new drainage diverting the existing drainage to the river as proposed by the Irrigation Department. Further, this will also not affect the petitioner's and other families who are residing near the river.” W.P.(C) No. 33874 OF 2006 -:2:- Noting the submission and the report submitted by the 2nd respondent, as we do not propose to proceed any further, except recording the undertaking or statement of the 2nd respondent, we close the Writ Petition. S.R. Bannurmath, Chief Justice. Thottathil B. Radhakrishnan, Judge. ttb