IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 W.P(C).No. 16179 of 2008(S) -------------------------------------- PETITIONER: ------------------- THE SECRETARY, NELVAYAL SAMRAKSHANA SAMITHI, MULANTHURUTHY GRAMA PANCHAYATH WARD NO.XV, MULANTHURUTHY PO, ERNAKULAM DIST.PIN: 682 314, REPRESENTED BY MR.KS.PRASAD, 43 YEARS, S/O.SIVARAMAN, KADECKAL HOUSE PERUMPILLY PO, MULANTHURUTHY, ERNAKULAM DIST. 682 314. BY ADV. SRI.VARGHESE P.CHACKO RESPONDENTS: ----------------------- 1. K.V.ABRAHAM, AGED 48 YEARS KOCHUKUDIYIL HOUSE, PULICKAMALY PO, MULANTHURUTHY PIN: 682 314, ERNAKULAM. 2. LAILA, AGED 45 YEARS, W/O.K.V.ABRAHAM, KOCHUKUDIYIL HOUSE, PULICKAMALY PO, MULANTHURUTHY, PIN:682 314, ERNAKULAM. 3. THE DIST.COLLECTOR, RERESENTED.BY THE GOVT.PLEADER, ERNAKULAM. 4. ASSISTANT TAHSILDAR, KANAYANNUR TALUK, REPRESENTED BY THE GOVT.PLEADER, ERNAKULAM. 5. THE VILLAGE OFFICER, MULANTHURUTHY, MULANTHURUTY PO, PIN: 682 314, ERNAKULAM. WP (C) NO.16179 OF 2008 - 2 - 6. SHO MULANTHURUTHY, MULANTHURUTY POLICE STATION, MULANTHURUTHY PO, ERNAKULAM. 7. THE SECRETARY, MULANTHURUTHY GRAMA PANCHAYAT, MULANTHURTHY PO, ERNAKULAM DIST.PIN: 682 314. BY ADV. SRI.T.A.UNNIKRISHNAN FOR R1 & R2 SRI.P.P.BIJU FOR R1 & R2 SRI.S.SREEKUMAR FOR R7 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.P.(C) No.16179 of 2008-S ------------------------------------------ Dated, this the 16th day of July, 2008 JUDGMENT H.L.Dattu, C.J. Petitioner is a public spirited citizen. 2. In this public interest litigation filed, the main grievance of the petitioner is that respondents 1 and 2 are illegally filling up the paddy fields with mud/earth in spite of a stop memo being issued by the Tahsildar, Kanayannur Taluk. 3. When the writ petition had been posted before this Court for admission on 15.7.2008, we had directed respondents 1 and 2 to file an affidavit before this Court indicating that during the pendency of the proceedings before the Revenue Divisional Officer, Fort Kochi they shall not violate Ext.P7 order. 4. The affidavit so filed by the first respondent on his behalf and on behalf of the second respondent is taken on record. The affidavit reads as under: “It is most humbly submitted that, after receiving Ext.P7 order of the Additional Tahsildar, Kanayanoor Taluk, I have not done anything in violation of the said order. I have not deposited earth in the property situated in Re.Survey No.131/1 in Block No.23 of Mulanthuruthy village which is owned and possessed by me and my wife, W.P. (C)No.16179 of 2008 2 after passing of Ext.P7 order. I also undertake before this Hon'ble court that, I will not do anything in violation of Ext.P7 order, as long as the same is inforce. It is humbly submitted that, the subject matter of Ext.P7 is now pending consideration before the Revenue Divisional Officer, Ernakulam.” 5. In view of the undertaking given by respondents 1 and 2, at this stage, it may not be necessary for us to go into the other details of the assertions and allegations made by the petitioner in the writ petition. Accordingly, we dispose of the writ petition in view of the undertaking given by respondents 1 and 2 before us. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns