IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 WP(C).No. 6493 of 2010(J) ------------------------------------- PETITIONER: ------------------- C.V.GEORGE, S/O. VARKEY, AGED 70 YEARS, CHIRAYIL HOUSE, MARADY VILLAGE,MUVATTUPUZHA. BY ADV. MR.ALEXANDER JOSEPH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA. 4. THE VILLAGE OFFICER, MARADY VILLAGE, MUVATTUPUZHA. 5. MUVATTUPUZHA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUVATTUPUZHA. 6. FRANCIS, S/O.PAULOSE, AGED ABOUT 42 YEARS, THATTARKUNNEL HOUSE, MODEL HIGH SCHOOL ROAD, MUVATTUPUZHA P.O. 7. KATHREENA, W/O.LATE JOSEPH, AGED ABOUT 65 YEARS,MULLAMKUZHYIYIL HOUSE, MARADY VILLGE, VADAKAN MARADY KARA, MUVATTUPUZHA. R1 TO R4 BY SR. GOVT. PLEADER MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.6493 OF 2010 --------------------------------------- Dated this the 12th day of March, 2010. J U D G M E N T The petitioner herein has filed a complaint before the Revenue Divisional Officer as per Exhibit P3 pointing out that the 6th and 7th respondents have encroached upon a public Thodu and have filled up the same for constructing a road preventing the flow of water through the said Thodu. Only a sluice is provided under the road now. The Thodu leads to Muvattupuzha river and rain water flowing through the said Thodu prevents flooding during rainy season. 2. The petitioner is having 65 cents of land in Survey No.357/71 of Marady Village in Ward No.17 of Muvattupuzha Municipality. The petitioner has produced various photographs to show that there is filling up of Thodu and portion has been converted as a road now. It is the case of the petitioner that the same cannot be justified. 3. Heard the learned Government Pleader and the learned W.P.(C) No.6493/2010 2 counsel appearing for the Municipality. Learned Government Pleader submitted that prima facie the complaint raised by the petitioner appears to be true and the Thodu in question is reported to be not a private property or part of any private property. There will be a direction to the 3rd respondent Revenue Divisional Officer to take a decision on Exhibit P3 after initiating appropriate action in accordance with law and after hearing the 6th and 7th respondents within a period of two months from the date of receipt of a copy of this judgment. He will depute any of the revenue officers immediately for getting appropriate report also in the matter after conducting a local inspection. The petitioner will be entitled to produce all evidence before the Revenue Divisional Officer. The Municipality also will be heard in the matter. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp