IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 9694 of 2009(F) ------------------------- PETITIONER(S): --------------- T.M.BABY, AGED 57 YEARS, S/O.MANI, RESIDING AT THOTTAPATTUKUDIYIL HOUSE, KADATHIKARA, VELOORKUNNAM VILLAGE, MUVATTUPUZHA. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT(S): --------------- 1. THE VALAKAM GRAMA PANCHAYATH, REP. BY ITS SECRETARY, MEKADAMBU P.O., MUVATTUPUZHA. 2. ANEESH, S/O.ANIRUDHAN, R/AT. ANJANAM HOUSE, KADATHIKARA, VELLOORKUNNAM, MUVATTUPUZHA. ADV. SRI.SAJAN MANNALI FOR R2 ADV.PEEYUZ K.KOTTAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.9694 of 2009 ================== Dated this the 31st day of March, 2009 J U D G M E N T The petitioner is aggrieved by Ext.P6 order whereby, the petitioner has been directed to restore a chal which has been concreted by him, to its original position. According to the petitioner, nobody would be prejudiced by the chal being concreted. This is disputed by the respondents. According to them, for concreting the chal, the petitioner has increased the height of the chal, as a result of which, flow of water through the chal would cause inconvenience to neighbouring owners of properties. It is also submitted that the chal is a public chal and the petitioner could not have concreted the same without prior permission from the Panchayat. 2. I have heard all parties. 3. The petitioner does not dispute the fact that the chal does not belong to the petitioner. If that be so, it would either belong to the Panchayat or to some other person. Then the petitioner could not have concreted the chal without permission either from the Panchayat or the person to whom the chal belongs. The Panchayat categorically asserts that the chal is a public chal vested with the Panchayat. In the above circumstances, this writ petition is disposed of with the following directions: 2 The petitioner shall make an application seeking permission to concrete the chal or to keep it as it is. The 1st respondent shall consider the said application after hearing the petitioner as well as the 2nd respondent, as expeditiously as possible, at any rate, within one month from the date of receipt of the application. The application shall be filed within one week. In the meantime, further proceedings pursuant to Ext.P6 shall be kept in abeyance. The petitioner shall produce a certified copy of this judgment before the 1st respondent compliance. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge