IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 WP(C).No. 23065 of 2009(C) -------------------------- PETITIONER(S): --------------- 1. SARASWATHY AMMA, AGED 72 YEARS, W/O.PRABHAKARAN PILLAI, ELAMKOOLIYATH HOUSE, KUSUMAGIRI, KAKKANADU, KOCHI. 2. SUBADHRAMMA, AGED 74 YEARS, W/O.ACHUTHAN NAIR, ELAMKOOLIYATH HOUSE, KUSUMAGIRI, KAKKANADU, KOCHI. 3. DINESH KUMAR, AGED 41 YEARS, S/O. PRABHAKARAN PILLAI, ELAMKOOLIYATH HOUSE, KUSUMAGIRI, KAKKANADU, KOCHI. 4. VARGHESE, AGED 52 YEARS, S/O.LONAN, KOOLAPURATH HOUSE, RAJAGIRI VALLEY. 5. JOSEPH JOSEPH, AGED 53 YEARS, S/O.JOSEPH, MADATHIPARAMBIL HOUSE, KUSUMAGIRI, KAKKANADU, KOCHI. 6. K.M.KURIAKOSE, AGED 68 YEARS, S/O.MATHAI KOOLIYATTIL HOUSE, RAJAGIRI P.O. 7. PARAMESWARAN NAIR, AGED 52 YEARS, S/O.PADMANABHAN NAIR, ELAMBATHU HOUSE, KUSUMAGIRI, KAKKANADU, KOCHI. 8. SUKUMARAN NAIR, AGED 60 YEARS, S/O.RAMA PANICKAR, MORAPPILLY HOUSE, RAJAGIRI P.O., KAKKANADU. 9. ANILKUMAR P.G., AGED 47 YEARS, S/O.GOVINDAN NAIR, PALAKKADU HOUSE, RAJAGIRI P.O., KAKKANADU. 10. M.O.VARGHESE, AGED 43 YEARS, S/O.OUSEPH, MOOKKANOTTIL HOUSE, RAJAGIRI VALLEY PO PIN-682 039. BY ADV. SRI.PRAMOD J.DEV SRI.V.P.JOLY RESPONDENT(S): --------------- 1. THE THRIKKAKARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, THRIKKAKARA. 2. KINFRA EXPORT PROMOTION INDUSTRIAL PARKS LTD., REPRESENTED BY ITS MANAGING DIRECTOR, KUSUMAGIRI P.O., KAKKANADU, KOCHI. 3. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM DISTRICT. 4. THE VILLAGE OFFICER, KAKKANAD VILLAGE, KAKKANADU, KOCHI. 5. SMT.MERLY TEACHER, MEMBER, THRIKKAKARA GRAMA PANCHAYATH, THRIKKAKARA, KOCHI. 6. KERALA STATE, REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF REVENUE, SECRETARIATE, THIRUVANANTHAPURAM. ADV. SRI.S.SHANAVAS KHAN FOR R1 SMT.S.INDU FOR R1 SRI.G.S.REGHUNATH FOR R2 by I V PRAMOD FOR R3 AND R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO.23065 OF 2009 ............................................ DATED THIS THE 5TH DAY OF OCTOBER, 2009 JUDGMENT The petitioners seek certain orders on the premise that there is a public water course flowing in a part of a land being acquired for the purpose of KINFRA. The panchayat, the custodian of such canals which are vested in it, makes essentially a half-hearted statement by saying that there was water course in full go; which with the passage of time has been filled up by different persons and what was being attempted to be retrieved or provided for by the collective decision that led to Ext.P4, is the possibility to see that the canal which was there is either preserved or alternate arrangements are made for proper water management. With such action having followed, under the leadership of the District Collector, I do not think it necessary for this court to issue any directions rather than leave the petitioners and the panchayat to bring to the notice of the Collector, any further ground reality problems if at all it exists. Writ petition ordered accordingly, without entering on merits. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/6/10