IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 WA.No. 235 of 2009 -------------------- AGAINST THE JUDGEMENT IN WPC.35773/2008 Dated 04/12/2009 .................... APPELLANT/6TH RESPONDENT: ---------------------------------- VARGHESE ANTONY (KUNJACHAN), MUTTUMPURAM VEEDU, MITHRAKKARI, KUTTANADU, ALAPPUZHA. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 5: ----------------------------------------------------------- 1. M.T. SASI, AGED 55 YEARS, S/O. THANKAPPAN, PATHINANCHIL, MITHRAKKARI.P.O, KUTTANADU, ALAPPUZHA. 2. THE DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA. 3. THE REVENUE DIVISIONAL OFFICER, ALAPPUZHA. 4. THE ADDITIONAL TAHSILDAR, KUTTANADU TALUK, ALAPPUZHA. 5. THE VILLAGE OFFICER, MUTTAR, KUTTANADU, ALAPPUZHA. 6. VILASINI, NALPATHYANCHIL VEEDU, MITRAKKARI, KUTTANADU, ALAPPUZHA. R1 BY ADV. SRI.G.PRIYADARSAN THAMPI SRI.V.GOPIKRISHNA R2 TO R5 BY SENIOR GOVT. PLEADER, SRI.BENJAMIN PAUL. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/10/2009, ALONG WITH WPC NO. 3663 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 235 OF 2009 and W.P.(C) No. 3663 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of October, 2009 JUDGMENT Basheer, J. This Writ Appeal and Writ Petition are taken up for hearing and disposal as agreed by the learned counsel who appears for the common appellant/petitioner. After arguing the case for some time, learned counsel for the appellant/petitioner submits that he may be permitted to withdraw both the Writ Appeal and Writ Petition with liberty to approach the Civil Court for appropriate remedies. However, his only apprehension is that Civil Court may be influenced or trammelled by the observations made by this Court in the impugned judgment in WP(C) No.35773 of 2008. 2. The learned Single Judge in the impugned judgment had only directed to implement Ext.P5 order passed by the Revenue Divisional Officer, Alappuzha in accordance with law. W.A.No. 235 OF 2009 and W.P.(C) No. 3663 OF 2009 -:2:- However, according to the appellant/petitioner, the authorities concerned had done so with some vengeance and without notice to the appellant. In that process they had caused extensive damage to the property of the appellant. It is therefore that he was constrained to file WP(C) No.3663 of 2009, seeking damages. 3. We do not propose to deal with the above contention. However, we make it clear that if, in the process of implementation of Ext.P5 order, any damage has been caused to the property of the appellant/petitioner, it will be open to him to approach the Civil Court and seek damages. 4. Similarly, as far as the impugned order in WP(C) No.35777 of 2009 is concerned, we make it clear that nothing said in the said judgment about the nature of the rights of parties and also whether the water channel in question is in puramboke land or private holding etc. shall sway or influence the Civil Court while deciding the Suit. All issues involved in the Suit will be decided by the Civil Court strictly on the basis W.A.No. 235 OF 2009 and W.P.(C) No. 3663 OF 2009 -:3:- of evidence to be adduced by the parties. In the above facts and circumstances the appellant is allowed to withdraw the Writ Appeal and Writ Petition. Writ Appeal and Writ Petition are dismissed in the above terms. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb