IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 11098 of 2009(F) -------------------------- PETITIONER: --------------- OUSEPH THOMAS @ A.J.THOMAS, AGED 68, S/O.OUSEPH, RESIDING AT ALUMTHARA PANJIMARAM, ATTUVATHALA MURI, KAINAKARY P.O., KAINAKARY VILLAGE, KUTTANAD TALUK, ALAPPUZHA DISTRICT,PIN -688 501. BY ADV. SRI.MANJU ANTONEY SRI.K.JAYAKUMAR(CHERTHALA) SRI.BABY PAUL (CHEMBAKASSERIL) RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETRIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, ALAPPUZHA OFFICE AT CIVIL STATION, ALAPPUZHA. 3. THE PUNCHA SPECIAL OFFICER, OFFICE OF PUNCHA SPECIAL OFFICE, NEAR KIDAMPARAMBU TEMPLE, THATTAMPALLY P.O., ALAPPUZHA. 4. LOHITA DASAN @ JOY, AGED ABOUT 70 YREARS S/O.DAMODARAN, RESIDING AT PARAKATTU MADAM, ATTUVATHALA MURI, KAINAKARY P.O., KAINAKARY VILLAGE, KUTTANAD TALUK, ALAPPUZHA - 688 501. 5. SIVARAJAN, AGED ABOUT 47 YEARS, RESIDING AT KALARICKAL VEEDU, ATTUVATHALA MURI, KAINAKARY P.O., KAINAKAR VILLAGE, KUTTANAD TALUK, ALAPPUZHA - 688 501. 2 WP(C).No. 11098 of 2009 6. SMT.V.S.LAIZA, DEPUTY COLLECTOR, OFFICE OF PUNCHA SPECIAL OFFICE, NEAR KIDAMPARAMBU TEMPLE, THATTAMPALLY P.O., ALAPPUZHA. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J --------------------------- W.P.(C).11098 of 2009 --------------------------- Dated this the 22nd day of May, 2009 JUDGMENT The Puncha Special Officer, exercising authority under the Kerala Irrigation Works (Execution of by Joint Labour) Act, 1967, declined relief on an application filed by the petitioner seeking appropriate directions to the members of the Committee for construction of protection bund on either side of the water channel, which partly flows through the property of the petitioner. 2. On appeal, the appellate authority, the District Collector allowed the petitioner's appeal as per Ext.P5 award. The petitioner has approached this court challenging Exts.P3 and P5, to the extent to which the District Collector has not prescribed a time limit for compliance with the directions issued by him. 3. The challenge against Ext.P3 will not lie inasmuch as the same has been set aside by the appellate authority vide Ext.P5. The petitioner is aggrieved by the non- prescription of a time frame in Ext.P5. He is entitled to approach the District Collector in this regard, who shall fix W.P.(C).11098 of 2009 :: 2 :: such time frame as is deemed appropriate for the execution of Ext.P5 order. 4. Accordingly, it is directed that if the petitioner approaches the 2nd respondent District Collector for prescribing a time frame in the matter of execution of Ext.P5, appropriate orders shall be passed within one month from the date of receipt of such application Writ petition is disposed of as above. Sd/- (V.GIRI) Judge sk/ //true copy// P.S. to Judge