IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 WP(C).No. 151 of 2010(T) ------------------------ PETITIONERS: --------------- 1. T.K.MOHAMMED ,THAMARAKUNNATH HOUSE THENUR, PALAKKAD. 2. P.T.RAJAN, PUTHENPURA, THENUR P.O., PARALI, PALAKKAD. 3. P.T.UNNIKRISHNAN,PUTHENPURA, THENUR PARALI, PALAKKAD. 4. SUKUMARAN, POOVATHINKAL, THENUR P.O., PARALI, PALAKKAD. 5. P.S.PREMAKUMARI,W/O.SETHUMADHAVAN VALAYACHANMARIL VEEDU,THENUR, PALAKKAD. 6. V.A.JANARDANAN, VALAYACHANMARIL VEED THENUR, PALAKKAD. 7. SHOJUKUMAR, VALAYACHANMARIL VEED THENUR,PALAKKAD. 8. BALAKRISHNAN NAIR, SIVALAYAM, THENUR,PALAKKAD. 9. ACHUTHANUNNI, VALAYACHANMARIL VEEDU THENUR ,PALAKKAD. 10. V.V.RAJAN, VALAYACHANMARIL VEEDU,THENUR, PALAKKAD. BY MR.JACOB SEBASTIAN, ADVOCATE RESPONDENTS: ------------------ 1. THE DISTIRCT COLLECTOR, PALAKKAD. 2. THE SUPERINTENDING ENGINEER, KERALA MINOR IRRIGATION DEPARTMENT CENTRAL CIRCLE, RAVIPURAM PO, ALAPPATT CROSS ROAD ERNAKULAM. 3. THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION, PALAKKAD. BY MR.P.N.SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.151 OF 2010 --------------------------------------- Dated this the 13th day of January, 2010. J U D G M E N T The petitioners herein are permanent residents of Thenur in Parali panchayath of Palakkad District. They are owners of immovable properties on the side of Bharathapuzha passing through the area. It is the case of the petitioners that a check dam is proposed to be constructed across the river at Thenur. 2. The grievance raised by the petitioners is that if a check dam is constructed, they will be cut off from the main land and therefore, there will not be any access for their properties. It is contended that the people are entitled to have a decent environment in the light of Article 21 of the Constitution of India. They are also apprehending water logging in the area due to flood during the rainy season. 3. Seeking for appropriate remedial action, the petitioners have approached the District Collector, Palakkad and the 2nd respondent namely, the Superintending Engineer by W.P.(C) No.151/2010 2 Exhibit P2 representation. It is upto the 2nd respondent to consider the grievance raised by the petitioners in Exhibit P2. 4. Learned counsel for the petitioners submitted that if the work is started and the grievances of the petitioners if not addressed prior to the starting of the work, that may result in acute hardship to the petitioners. Therefore, there will be a direction to the 2nd respondent to consider Exhibit P2 and conduct a site inspection also to find out whether the grievances raised by the petitioners are genuine. Appropriate action will be taken within a period of one month from the date of production of a copy of this judgment. The decision thereof will be communicated also. The petitioners will produce a copy of this judgment along with copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp