IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 W.P.(C).No.29440 of 2008(S) -------------------------------------------------- PETITIONERS:- ----------------------- 1. SAJI.K, AGED 34 YEARS, S/O. LATE KUMARAN, ANDALATHU HOUSE, AMBIKA MARKET.P.O, VAIKOM, KOTTAYAM. 2. SAJIMON.P.S, AGED 31 YEARS, S/O. SUGUNAN, PUTHAMPARAMBIL, KUDAVECHUR.P.O, VAIKOM, KOTTAYAM. BY ADV. SRI.C.V.MANUVILSAN SMT.K.VIDYA RESPONDENTS:- ------------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY, GOVERNMENT OF KERALA, REVENUE (B) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOTTAYAM. 3. TAHSILDAR, VAIKOM TALUK, KOTTAYAM. 4. THE VILLAGE OFFICER, VECHOOR, VAIKOM TALUK, KOTTAYAM. 5. THE EXECUTIVE ENGINEER, MAJOR IRRIGATION DIVISION, KOTTAYAM. W.P.(C).NO.29440 OF 2008-S - 2 - 6. ASST. EXECUTIVE ENGINEER, DREDGRER SUB DIVISION, KAKKANAD. 7. ASST. EXECUTIVE ENGINEER, DREDGER SUB DIVISION, KADUTHURUTHI. R1 TO R7 BY SENIOR GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.Dattu, C.J. & A.K.Basheer, J. --------------------------------------------- W.P.(C).No.29440 of 2008-S -------------------------------------------- Dated, this the 1st December, 2008 JUDGMENT H.L.Dattu,C.J. In the writ petition filed, the petitioners are seeking the following reliefs. They are as under: “(i) Issue a writ of mandamus or any other appropriate writ directing the official respondents to prohibit the present unscientific dredging in the Vembanadu Lake and illegal filling up of Paddy fields and Wetlands situated in Puthen Kayal, in the interest of justice and equity. (ii) Issue a writ of mandamus or any other appropriate writ directing the 1st and 2nd respondents to consider and take appropriate action on Exhibit P8 and P11 representations, respectively, by affording a reasonable opportunity of being heard to the petitioners or their authorised representative, without any further delay. (iii) Issue a writ of mandamus or any other appropriate writ directing the respondents to impose fine on the wrong doers and direct them to pay damages for restoration of the paddy fields and rivers by applying Polluter Pays principle. (iv) Pass such any other order, direftion or reliefs as this Hon'ble Court may deem fit in the interest of justice, equity and good conscience”. (2) If, for any reason, those reliefs are granted to the petitioners without impleading the parties who would be really affected by the orders passed by this Court after hearing the petitioner, it would definitely affect the interest of those parties. Therefore, we had directed the petitioners to take out notice of this writ petition by publishing the same in one edition of Malayala Manorama Newspaper, having circulation in Kottayam and Alappuzha, and W.P.(C).No.29440/2008-S - 2 - one edition of Indian Express Newspaper . That order came to be passed by us in the presence of the learned counsel appearing for the petitioners. (3) An application for modification of the aforesaid order has been made by the petitioners, asking us to permit the petitioners to take out notice by publishing the same in one newspaper alone. That request made by the petitioners in the application came to be rejected by us by our order dated 10th November, 2008. The petitioners have not complied with the orders passed by us dated 15.102008 and 10.11.2008. (4) In the absence of necessary and proper parties to the proceedings, it would be difficult for us to grant any relief to the petitioners. In that view of the matter, the writ petition requires to be rejected and it is rejected. (5) In view of the orders passed in the writ petition, all pending interlocutory applications are rejected. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer Judge vku/-