IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 WP(C).No. 25786 of 2009(S) -------------------------- PETITIONERS: --------------- 1. K.S.MURALI,S/O.K.K.SUNDARAN, RESIDING AT KANNAN VEETTIL, PUTHUVYPPU P.O.,COCHIN TALUK. 2. K.B.MANI,S/O.BALAKRISHNAN, KOLLAMPARAMBIL HOUSE, PUTHUVYPPU,COCHIN TALUK. BY ADV. SRI.T.I.DANIEL SMT.K.DEEPA (PAYYANUR) RESPONDENTS: ----------------- 1. STATE OF KERALA, REP.BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. COCHIN PORT TRUST, REP.BY ITS CHAIRMAN,COCHIN PORT TRUST, WILLINGTON ISLAND,KOCHI. 3. THE DISTRICT COLLECTOR, COLLECTORATE OFFICE, KAKKANAD,ERNAKULAM. 4. KOCHI REFINARIES LTD., REP.BY THE MANAGING DIRECTOR, AMBALAMUGHAL,ERNAKULAM. 5. INDIAN OIL CORPORATION, REP.BY ITS MANAGING DIRECTOR, PANAMPALLY NAGAR,ERNAKULAM. 6. THE EXECUTIVE ENGINEER, DIVISIONAL OFFICE,IRRIGATION DEPARTMENT,KAKKANAD. R1, R3 & R6 BY SR. GOVT. PLEADER, SMT. K. MEERA. R2, R4 & R5 BY ADV. SRI.E.K. NANDAKUMAR, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No. 25786 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of September, 2009 JUDGMENT S.R.Bannurmath, C.J. This Public Interest Litigation is filed in respect of the alleged damage caused to the Puthuvyppu beach by respondents 4 and 5 by damaging the seawall on the eastern side and opening a road to the Indian Oil Corporation for plying vehicles. It is alleged that the said transportation done by the IOC is part of the beach. 2. Since the representation given by the petitioner, Ext.P3, is very recent, without going into the correctness or otherwise, in our view, it would suffice if we direct respondent No.6, the Executive Engineer, Irrigation Department, to consider the representation within four weeks from today and take appropriate action, if there is any violation of the concerned breakage of the seawall, after giving opportunity of WP(C) No.25786 of 2009 -:2:- hearing to the petitioner. With the above observation, this Writ Petition is disposed of. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb