IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No. 35983 of 2008(H) -------------------------------------- PETITIONER(S): ---------------------- JOSEPH VARKEY, S/O.VARKEY, AGED 56 YEARS, KALANGALLIL VEEDU, KONGANDOOR KARA, AYARKUNNAM VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASSISTANT ENGINEER, PUBLIC WORKS DEPARTMENT, ETTUMANNOR DIVISION, KOTTAYAM DISTRICT. 3. AYARKUNNAM PANCHAYATH, REPRESENTED BY ITS SECRETARY, AYARKUNNAM, KOTTAYAM DISTRICT. 4. PIOUS, MANNANAL HOUSE, MATTAKARA P.O., MANALAL, KOTTAYAM DISTRICT. GOVERNMENT PLEADER SRI.P.N.SANTHOSH FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ V. GIRI, J. ------------------------------- WP(C).NO. 35983 of 2008 --------------------------------- Dated this the 5th day of December, 2008. JUDGMENT The petitioner has approached this court allegedly apprehending an illegal and clandestine action by the second respondent to cut open and construct water channel through his property after constructing a culvert. According to the petitioner, he has not given permission to the second respondent to cut open a water channel through the property which has not been acquired by due process of law. The petitioner has submitted Ext.P2 representation before the second respondent. In my view, if the petitioner apprehends any unauthorised action of the second respondent by way of trespass into the property, he has to approach the civil court for prohibitory injunction and other reliefs, if so necessary. The petitioner's remedy lies elsewhere. 2. Learned counsel for the petitioner prays for a WPC.35983 /2008 2 direction to the second respondent to consider Ext.P2. In my view Ext.P2 does not invoke any statutory provision. Nevertheless, it is open to the petitioner to pursue Ext.P2. Subject to the above, the writ petition is disposed of. V. GIRI, JUDGE. Pmn/ WPC.35983 /2008 3