IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 18788 of 2007(J) --------------------------------------- AGAINST THE ORDER DATED / / IN EP 64/06 IN OS.356/1997 of MUNSIFF COURT,MUVATTUPUZHA .................... PETITIONER: ---------------------- SMT. SANTHAKUMARI, W/O. GOPINATHAN NAIR, PARETHUKADAMBANAL HOUSE, ERANALLOR P.O. BY ADV. SRI.JOHN K.GEORGE SRI.K.S.ARUN KUMAR RESPONDENTS: ---------------------- 1. SRI. SOMASUNDARAN NAIR, S/O.KESAVAN NAIR PARETHUKIZHAKKEVEETTIL HOUSE, ERAMALLOOR P.O. 2. SRI.MEERANKUNJU, S/O. SEETHI, KUZHIKANDOM HOUSE, ERAMALLOOR P.O. 3. NELLIKUZHY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, NELLIKUZHY P.O., KOTHAMANGALAM. BY ADV. SRI.P.K.MUHAMMED - R3 SRI.R.BINDU (SASTHAMANGALAM) - R1 SRI.PRASANTH M.P THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.18788/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE SITE PLAN . EXT.P2:- COPY OF THE JUDGMENT DT. 20.1.01 IN OS. 356/97 OF MUNSIFF COURT, MUVATTUPUZHA. EXT.P3:- COPY OF THE DECREE IN OS. NO.356/97. EXT.P4:- COPY OF THE JUDGMENT IN AS. NO.12/06 DT. 6.3.06 OF THE DISTRICT JUDGE, ERNAKULAM. EXT.P5:- COPY OF THE JUDGMENT IN R.S.A. NO.703/06 DT. 26.9.06 OF THIS HONOURABLE COURT. EXT.P6:- COPY OF THE EXECUTION PETITION DT. 24.5.06 BEFORE THE MUNSIFF COURT, MUVATTUPUZHA. EXT.P7:- COPY OF THE REPORT DT. 27.11.06. EXT.P8:- COPY OF THE EA. DT. 12.3.07. EXT.P9:- COPY OF THE PROCEEDINGS OF THE EXECUTION COURT DT. 12.6.07. /TRUE COPY/ P.S. TO JUDGE tss M.N.KRISHNAN, J ===================== W.P.(C) No.18788 OF 2007 ===================== Dated this the 10th day of April 2008 JUDGMENT This writ petition is preferred to call for the records in E.P.No.64/2006 in O.S.No.356/1997 of the Munsiff's Court, Muvattupuzha and to recall the proceedings dated 12.6.2007. As per proceedings dated 12.6.2007 the court reopened the matter and appointed an Advocate to ascertain the length of E schedule road which is situated on the western side of A schedule property. Now the grievance of the petitioner is that by blocking the normal flow of water through a pipe, water is allowed to flow to her land whereby it gets enundate and destroys the utility of the land. For an easy reference, I may like to refer to Ext.P1 sketch which will give an idea about the same. E schedule in the sketch is a road. Immediately on the west of the same it is described as thittabhagam and the further west is described as C schedule. A schedule is the land belonging to the plaintiff. The grievance of the plaintiff in the suit was that C schedule formed a natural thodu and water used to flow from north turned towards south and west and passes along the culvert where there is free flow of water. Now the WP(C) 18788/07 -:2:- difficulty that had arisen is that C schedule thodu has been filled up and it has become a raised portion along with thittabhagam mentioned in the plan and therefore thodu has also become a part and parcel of the road. Now how to solve the problem is the question posed before this Court. The plaintiff is armed with a civil decree which has become final. As per the decree the court has directed to remove obstruction caused in the free flow of water through C schedule thodu so that the water will freely pass through the same. It is further directed that the pipe installled as D schedule be removed by a mandatory injunction so as to avoid flow of enunciation of water in the plaintiff's property. Now it is this decree the plaintiff wants to get implemented. It is true that a road is necessary for the enjoyment of the public. Equally important is the outflow of water which existed so that enundation does not affect any individual's property. I feel the only possible method that the Court can resort now to avoid total inconvenience to all is to lay a pipe through the western extremity of C schedule whereby the water which used to flow through that direction from the northern side can be allowed to pass through this pipe and connected to the culvert so that free flow of water will not be stopped. For the said purpose I direct the court below to appoint a Commissioner and direct the Panchayat to incur the expenses for laying the pipeline which causes least inconvenience to all but WP(C) 18788/07 -:3:- at the same time making it sure that free flow of water is made. The Commissioner can also report whether after laying the pipe which can be covered with slabs or earth so that one may not loose the usage of that place as well. It is also to be stated that naturally on completion of this process D schedule pipe has to be removed as ordered in the decree. The Commissioner may visit the property with the help of a civil engineer to mark the place through which pipeline can be laid and I earnestly hope that the panchayat will co-operate to fulfill the implementation of the decree without raising unnecessary objections. When this can be implemented no further probe or enquiry into the details will be necessary for implementation of the decree. This may be done within 3 months from the reopening of the court after summer holidays. Writ petition is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-