IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 WP(C).No. 31086 of 2010(I) ----------------------------------- PETITIONER(S): ----------------------- DR.JESS RAPHAEL, PAVANATHARA HOUSE, PACHALAM, ERNAKULAM, NOW RESIDING AT `KRISHNAPRIYA', VELLUVELI LANE, MOTHER TERESA ROAD, EDAPPALLY, KOCHI-24. BY ADV. SRI.JOHN K.GEORGE RESPONDENT(S): ------------- ----------- 1. THE EXECUTIVE ENGINEER, MAJOR IRRIGATION, CIVIL LINES, KAKKANAD, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, CIVIL LINES, KAKKANAD, ERNAKULAM. R1 & R2 BY GOVT. PLEADER SRI.P.N.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 31086 of 2010 I ``````````````````````````````````````````````````````` Dated this the 11th day of October, 2010 J U D G M E N T Prayer sought in this writ petition is for a direction to the first respondent to construct a retaining wall, in order to protect the petitioner's property having an extent of 5.88 acres situated in Survey No.552/1,3,4 of Cheranallur village. According to the petitioner, in terms of the provisions of the Travancore Cochin Irrigation Act, 1956, it is the responsibility of the respondent to provide such retaining wall. 2. Having regard to the fact that Ext.P4 application made by the petitioner is pending, it is directed that the first respondent shall consider Ext.P4 application and pass orders thereon. This, the first respondent shall do, at any rate, within four weeks from the date of production of a copy of this judgment. 3. Petitioner to produce a copy of this judgment and writ petition before the first respondent for compliance. Writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) aks