IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 31367 of 2007(H) ---------------------------------------- PETITIONER: -------------------- SHAHUL HAMEED, AGED 65 YEARS, S/O.KASSIM KUNJU, HAKSER NIVAS, THENGODE P.O., THRIKKAKARA VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI. P.M.ZIRAJ SRI.NAVEEN THOMAS RESPONDENTS: ------------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT, CIVIL STATION, KAKKANADU. 2. THE VILLAGE OFFICER, KAKKANADU. 3. THE SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION. 4. THE SECRETARY, THRIKKAKARA GRAMA PANCHAYATH. 5. M/S.S.R.K.CONSTRUCTIONS, MADATHIL PARAMBIL COMPLEX, PALARIVATTOM, KOCHI-25 HAVING IT OFFICE KAVUMOOLAKAVU, THEKODUPARAMBU, AKG ROAD, BEHIND MARTHOMA SCHOOL, EDACHIRA, KAKKANAD REPRESENTED BY GENERAL MANAGER GEORGE K.PAUL. R1 TO R3 BY GOVERNMENT PLEADER SRI. M.R. SABU R4 BY ADV. SRI.S.SHANAVAS KHAN R5 BY ADV. SRI.TOM K.THOMAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.31367/2007 H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: PHOTOGRAPHS (2 NUMBERS) OF FILLING THE PADDY FIELD BY THE 5TH RESPONDENT. EXT.P2: ORIGINAL PHOTOGRAPH WHICH SHOWS THE PUMPING OF CLAY AND MUD TO THE RESIDENTIAL HOUSE OF PETITIONER. EXT.P3: COPY OF THE REPRESENTATION DTD. 15/10/2007 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. EXT.P4: COPY OF THE REPRESENTATION DTD. 15/10/2007 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. EXT.P5: COPY OF THE REPRESENTATION DTD. 15/10/2007 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P6: COPY OF THE REPRESENTATION DTD. 15/10/2007 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. /TRUE COPY/ P.S.TO JUDGE Kss K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 31367 OF 2007 H -------------------------------------- Dated this the 11th April, 2008 JUDGMENT Petitioner has approached this Court seeking a mandamus to direct respondents 1 to 4 to prevent the fifth respondent from filling up the paddy field having an extent of 5.6 Acres situated in the Survey Numbers mentioned in the Writ Petition. A declaration is sought on the line that the fifth respondent has no authority to fill the paddy field. A further direction is sought to respondents 1 to 4 to consider and dispose of Exts.P3 to P6 applications. Notice was taken out. It is the case of the petitioner that the filling up of the paddy field is prohibited. It is also stated that the property of the petitioner is situated in a higher level than that of the fifth respondent's paddy field. It is further stated, inter alia, that there are chances of landslide. Learned Government Pleader on instructions submits that the second respondent, Village Officer, Kakkanadu has issued a stop memo on 15.10.2007. I record the submission and the Writ Petition is closed. K. M. JOSEPH, JUDGE kbk.