IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WP(C).No. 26429 of 2007(U) -------------------------- PETITIONER(S): --------------- HASSAN PILLA, S/O MAHAROOB, VATTAKUTI VEETTIL, ELAMBRAKARA, ERAMALLOOR VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SRI.A.A.ABUL HASSAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA. 3. TAHSILDAR, KOTHAMANGALAM. 4. VILLAGE OFFICER, ERAMALLUR VILLAGE, KOTHAMANGALAM TALUK. 5. FR.ELDHOSE, KAKKANATTU VEETTIL, ELAMBRAKARA, ERAMALLOOR VILLAGE, KOTHAMANGALAM TALUK, NELLIKUZHY P.O. 6. THOMAS, S/O ITTAN, THALAYATTUTHOTTAM HOUSE, ELAMBRA KARA, ERAMALLUR VILLAGE, KOTHAMANGALAM TALUK, NELLIKUZHY P.O. ADV. SRI.P.K.VIJAYAMOHANAN FOR R5-6 SRI.SHOJAN JACOB FOR R5-6 GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).26429/2007 -------------------- Dated this the 28th day of October, 2008 JUDGMENT Heard Mr.Abul Hassan, learned council for the petitioner, Mr.P.N.Santhosh, learned Government Pleader and Mr.Vijayamohanan learned counsel appearing for R5 and R6. 2. Petitioner alleges that there is an unauthorized filling up of paddy fields held by R5 and R6 situated adjacent to the petitioner's property. Petitioner submits that during monsoon season, water from the petitioner's property flows through the property of R5 and R6. Filling up the same causes obstruction, thereby the paddy fields of the petitioner will be water logged. 3. Having perused the pleadings and having heard counsel on both sides I am of the view that the complaint merits consideration by the District Collector before whom the issue is pending as Exts.P1 W.P.(C).26429/2007 2 and P3. 4. Accordingly, writ petition is disposed of directing the first respondent to consider Exts.P1 and P3 and take appropriate action, in accordance with the provisions of the Land Utilization Order. Needful shall be done within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner as also R5 and R6. Copy of the writ petition along with the copy of the judgment shall be produced by the petitioner before the first respondent. V.GIRI, Judge mrcs