IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 WP(C).No. 15933 of 2010(N) -------------------------- PETITIONER(S): --------------- T.V.GEORGE, S/O. LATE T.P.VARUNNY, CHITTILAPPILLY THANDYAKKAL HOUSE, PALACE ROAD, CHALAKUDY, THRISSUR DISTRICT. BY ADV. MR.A.D.SHAJAN RESPONDENT(S): -------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. TAHSILDAR, TALUK OFFICE, IRINJALAKUDA, THRISSUR DISTRICT. 4. EXECUTIVE ENGINEER, IRRIGATION DIVISION, THRISSUR. 5. ASSISTANT ENGINEER, IRRIGATION SECTION, CHALAKUDY. ADDL.R6: BABU JOSEPH, AGED 50, S/O. P.P. JOSEPH, PUTHANANGADI HOUSE, P.O. CHALAKUDY. (IMPLEADED AS PER ORDER IN I.A.NO.8141/10 DATED 24.6.2010) ADVS. MR.SHEEJO CHACKO FOR ADDL.R MR..G.UNNIKRISHNAN FOR ADDL.R MR.DEVAN K.MENON FOR ADDL.R MR. M.A. ASIF – GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15933 of 2010 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF JUDGMENT DTD 5.4.2010 IN W.P.(C)NO.10712/2010 OF HON'BLE HIGH COURT OF KERALA. EXT.P2: COPY OF ORDER NO.C-2/2007 DTD 30.4.2010 ISSUED BY R5 TO THE PETITIONER. EXT.P3: COPY OF ORDER NO.A-6/913/09 DTD 13.5.2010 ISSUED BY R4 TO THE PETITIONER. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ---------------------------------- W.P.(C) No. 15933 OF 2010 ---------------------------------- Dated this the 24th day of JUNE, 2010 J U D G M E N T Proceedings were initiated against the petitioner for constructing a compound wall allegedly encroaching into river puramboke. The petitioner has been directed to demolish that compound wall. It is against that direction, the petitioner has filed this writ petition seeking the following reliefs: “a) call for the records connected with the case. b) issue a writ of certiorari or other appropriate writ, order to quash Ext.P2 & 3 orders. c) issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents 4 & 5 not to demolish the existing compound wall partly constructed by the petitioner in the river side of the petitioner’s property. d) direct the respondents 4 & 5 to accept the undertaking given by the petitioner that he will not claim any right over the existing compound wall in the river side” The petitioner now does not dispute the fact that the construction of the compound wall is not in accordance with the alignment fixed by the Assistant Engineer, Chalakudy as directed in Ext.P3 letter to the petitioner. The petitioner now submits that appropriate alignment has been given to the petitioner by the W.P.(C)No.19781/10 2 Assistant Engineer and he is prepared to construct a new compound wall as per the alignment so fixed and thereafter he undertakes to demolish the partly constructed compound wall which is the subject matter of this writ petition. 2. I have heard the learned Government Pleader also. The learned Government Pleader submits that the petitioner has already submitted a similar representation before the fifth respondent, in which he has sought only twenty days time to complete the compound wall as per the alignment now fixed by respondents 4 and 5. 3. Having heard both sides, I dispose of this writ petition with the following directions. The petitioner shall complete the compound wall as per the alignment fixed by respondents 4 and 5 as expeditiously as possible, at any rate, within one month from today. After one month, if the petitioner does not demolish the partly constructed compound wall encroaching into river puramboke, which is the subject matter of this writ petition, it would be open to respondents 3 to 5 to see that the same is demolished at the cost of the petitioner. S. SIRI JAGAN, JUDGE acd W.P.(C)No.19781/10 3 W.P.(C)No.19781/10 4