IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 3250 of 2005(J) ------------------------------------ PETITIONER: ------------------ P.K.ALIKOYA, PULAKKAL THEKKETHODI, ANANTHAYOOR, VAZHAKKAD,MALAPPURAM DISTRICT. BY ADV. SRI.P.M.POULOSE RESPONDENTS: ---------------------- 1. VAZHAKKAD GRAMA PANCHAYATH, REP. BY ITS SECRETARY, VAZHAKKAD GRAMA PANCHAYATH, P.O.VAZHAKKAD, MALAPPURAM DISTRICT. 2. THE SECRETARY, VAZHAKKAD GRAMA PANCHAYATH, P.O. VAZHAKKAD, MALAPPURAM DIST. 3. THE ADDITIONAL TALUK SURVERYOR, ERNAD TALUK OFFICE, MANJERI. BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR ADV. SRI.M.A.MANHU - R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).3250/2005-J APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALE DEED NO.1673 OF 1980 OF SRO VAZHAKKAD, DATED 28/10/80. EXT.P2: A ROUGH SKETCH SHOWING THE LIE OF THE PROPERTY, PANCHAYATH, WELL ETC. EXT.P3: COPY OF THE ORDER DATED 19/10/2004. EXT.P4: COPY OF THE NOTICE DATED 28/10/04. EXT.P5: COPY OF THE LETTER DATED 02/11/04 BY THE PETITIONER. EXT.P6: COPY OF THE NOTICE DATED 28/12/04. EXT.P7: COPY OF THE REPLY NIL DATED BY THE PETITIONER TO THE PANCHAYATH. EXT.P8: COPY OF THE REPRESENTATION DATED NIL BY THE PETITIONER TO THE PANCHAYATH. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE COMPLAINT SUBMITTED TO THE GRIEVANCE CELL OF THE HON'BLE CHIEF MINISTER, DATED 19/10/2004. // TRUE COPY // Rs/ KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.3250 of 2005 ----------------------------------------- Dated this the 27th day of June, 2008 JUDGMENT The writ petition is filed with the following prayer:- i) to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents not to take any action to stop the petitioner from taking water from the Panchayat well using motor pump. There will be a direction to the first respondent to take action on Ext.P8 with notice to the petitioner and any other affected party within a period of four months from the date of receipt of a copy of the judgment. The interim order passed by this court will continue till such time. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.3250 of 2005 ----------------------------------- JUDGMENT 27th June, 2008