IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 8570 of 2009(M) ------------------------- PETITIONER(S): --------------- P.GOPALAKRISHNAN NAIR, ELANEAZHATHU VEEDU, KULANGARA BHAGAM, CHAVARA, KOLLAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): --------------- 1. THE CORPORATION OF KOLLAM, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, KOLLAM. 2. THE TOWN PLANNING OFFICER, KOLLAM CORPORATION, CORPORATION OFFICE, KOLLAM. 3. TAHSILDAR, TALUK OFFICE, KOLLAM. ADV. SRI.M.K.CHANDRA MOHANDAS FOR R1&R2 GOVT. PLEADER SMT.K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 8570 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 26th March, 2009. J U D G M E N T The petitioner claims to be in possession of certain properties adjacent to which there is a public pond, which is popularly known as 'Nair Kulam'. Alleging that the petitioner has trespassed into the property comprised of that Nair Kulam, proceedings have been initiated by the 1st respondent. Against those proceedings, the petitioner earlier approached this Court by filing W.P(C) No. 22470/2004, in which by Ext. P3 judgment dated 1-9-2008, the petitioner was directed to approach the 1st respondent and the 1st respondent was directed to consider the petitioner's case and pass appropriate orders. The petitioner filed this writ petition contending that in spite of Ext. P3 judgment, without passing orders as directed in that judgment, the 1st respondent was taking steps to change the boundary. The petitioner therefore seeks the following reliefs: “(i) To issue a writ of mandamus directing the respondents 1 and 2 to pass appropriate orders as directed in Ext. P3 judgment after considering Ext. P5 objection within a time limit. (ii) to issue a direction to the respondents not to initiate any steps to re-fix the boundaries of the 'Nair Kulam' in Kilikolloor village in Kollam Taluk till a reasonable time fixed by this Hon'ble court.” 2. The petitioner now admits that the order contemplated in Ext. P3 has been served on the petitioner on 24-3-2009. The petitioner intends to challenge that order appropriately. However, the petitioner submits that if, in the meantime the boundary is altered, the petitioner would suffer irreparable damage and the petitioner's case against the order now passed would be prejudiced. The petitioner therefore seeks a breathing time to challenge that order appropriately. W.P.C. No. 8570/09 -: 2 :- 3. This is stoutly opposed by the counsel for the 1st respondent. The learned counsel submits that the said pond is a drinking water source for the public of the locality and the 1st respondent is renovating that pond by spending about Rs. 10 lakhs and that amount has to be spent before 31-3-2009, failing which same would lapse putting the completion of the work in jeopardy. 4. Having considered the contentions of both sides, I dispose of this writ petition with the following directions. The petitioner may, if so advised, seek his appellate remedies against the order now stated to have been received by the petitioner from the 1st respondent. In order to enable the petitioner to seek interim orders from the appellate authority, I direct that the respondents shall not take any steps to alter the boundary of the properties in dispute for a period of two weeks. However, it would be open to the 1st respondent to continue renovation of the pond. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.