IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 WP(C).No. 17619 of 2008(S) --------------------------------------------- PETITIONER: ------------------ C.K.VASU, AGED 42, S/O.KANNAN, CHENGALLOOR HOUSE, PERUMPULLISSERRY, VILLAGE CHOVUR, CHERPPU P.O., THRISSUR DISTRICT. BY ADV. SRI.K.V.SADANANDA PRABHU RESPONDENTS: ----------------------- 1. THE SECRETARY, CHERPPU PANCHAYAT, CHERPU P.O. 2. REVENUE DIVISIONAL OFFICER, THRISSUR. BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ----------------------------------------------------- W.P.(C) No.17619 of 2008-S ------------------------------------------------------- Dated, this the 12th day of June, 2008 JUDGMENT H.L.Dattu, C.J. The one and the only relief sought for by the petitioner in this Public Interest Litigation is to direct the first respondent, namely the Secretary, Cherppu Panchayat to enforce Ext.P2 and to stop the cutting open of the channel through Cherppu Chennankulangara road by issuing appropriate directions. 2. It is stated in the writ petition that the Revenue Divisional Officer by his letter dated 15-12-2005 addressed to the Secretary, Cherppu Grama Panchayat had issued certain directions. The said letter reads as follows: “With regard to the above subject herewith sending copies of the complaint item (1) and the report of the Tahsildar. The Tahsildar has reported that the PWD has constructed a drainage on the Ammadam road and if the same is extended to the south of the property of parekkatu Narayani Amma and extended to the south near the Bhuvaneswari temple and diverted to the south in the open field, the water logging could be avoided. Hence take emergent steps necessary in the matter and report compliance.” 3. The petitioner complains that in spite of the order passed by the Revenue Divisional Officer, the Secretary, Cherppu Panchayat is trying WPC No.17619/2008 -2- to override the orders passed and thereby causing nuisance to the petitioner's colony. 4. In our opinion, the petition filed is wholly premature. If for any reason, the Secretary, Cherppu Grama Panchayat is not faithfully following the orders and directions issued by a superior officer, the petitioner can definitely complain before the Revenue Divisional Officer about the action/inaction, omissions and commissions of the Secretary of the Grama Panchayat and further request the R.D.O, to issue appropriate directions to the Secretary of the Grama Panchayat. If, for any reason, the R.D.O. also does not react to the request made, then only he can approach this court for appropriate reliefs. In that view of the matter, for the present, we decline to entertain this writ petition. However, liberty is reserved to the petitioner to approach this Court, if need arises in future. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS/dk.