IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 WP(C).No. 26401 of 2010(S) ------------------------------------ PETITIONER(S): -------------------- 1. PUTHIYAPARAMBIL ABOOBACKER, S/O.KUNHAMMED, AGED 59 YEARS, BUSINESS, PAYYOLI VILLAGE, KUNNAMKULAM DESOM. 2. BIJU VADAKKAYIL, S/O.KUNHIKANNAN, AGED 38 YEARS, CLERK CO-OPERATIVE BANK PAYYOLI VILLAGE, KUNNAMKULAM DESOM. BY ADV. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL SRI.E.M.UNNIKRISHNAN (MANJERI) SRI.NIAS MOOPAN SRI.T.P.SAEED RESPONDENT(S): ----------------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY, IRRIGATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, PROJECT-III, KOZHIKODE, KOZHIKODE P.O. 3. THE EXECUTIVE ENGINEER, KUTTIADI IRRIGATION PROJECT DIVISION, PERAMBRA P.O., PERAMBRA. 4. THE DISTRICT COLLECTOR, KOZHIKODE, P.O.KOZHIKODE. 5. THE SECRETARY, PAYYOLI SPECIAL GRAMA PANCHAYATH, P.O.PAYYOLI. ADV. SRI.C.VALSALAN FOR R5 SRI.K.RAKESH ROSHAN FOR R5 SMT.THUSHARA.V FOR R5 GOVERNMENT PLEADER FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).NO.26401 of 2010 APPENDIX PETITIONERS' EXHIBITS: EXHIBIT P1: COPY OF MASS PETITION BEFORE RESPONDENTS 2 TO 5. EXHIBIT P2: PHOTOGRAPHS OF THECANAL. EXHIBIT P3: COPY OF POSTAL RECEIPT. J. CHELAMESWAR, C.J & ANTONY DOMINIC, J. ---------------------------------------------- W.P(C).No.26401 of 2010 ---------------------------------------------- Dated this the 16th day of March, 2011 JUDGMENT Antony Dominic, J. Petitioners are residents of Kunnamkulam Desom of Payyoli Village. They have approached this Court by filing Writ Petition, seeking a direction to the respondents to provide concrete slabs to Kuttiyadi Irrigation Project Canal at Kunnamkkulam Desom at a length of 140 meters and to maintain the canal in proper condition and to prevent illegal dumbing waste in the canal. 2. When the matter was taken up for hearing, the respondents were directed to file an affidavit and accordingly, a counter affidavit has been filed by the third respondent. In the counter affidavit, the respondents have identified the area of the canal in question as the Iringal branch canal of the Kannamkulam distributory, which commences from ch:16/735 Km. 3. During the course of hearing, the petitioners themselves have expressed their willingness to provide concrete slabs over the canal in question. According to them, if the concrete slabs are put over the canal, it can be made use of by pedestrians and at the same time, dumping of wastes will stop. To this suggestion, the respondents also have no objection. WP(C).26401/10 2 Therefore, we dispose of this Writ Petition directing that the petitioners will be permitted to put concrete slabs over the canal in question. The entire expenses shall be borne by the petitioners and the laying of slabs will not confer on the petitioners or anybody else, any right whatsoever on the canal or its structures. We also make it clear that maintenance of the slabs shall be the responsibility of the petitioners. With the aforesaid directions, this Writ Petition is disposed of. J.CHELAMESWAR, CHIEF JUSTICE ANTONY DOMINIC, JUDGE vgs