IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 WP(C).No. 9364 of 2009(M) ------------------------- PETITIONER(S): ---------------------- 1. CHANDY JOHN YOHANNAN, PUTHENMADATHIL VEEDU, VAZHARMANGALAM P.O., CHENGANNUR VILLAGE. 2. K.KRISHNA PANDARATHIL, PUNNARUTTA MADAM, VAZHARMANGALAM P.O., CHENGANNUR VILLAGE. BY ADV. SMT.A.SREEKALA RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, ALAPPUZHA DISTRICT. 2. THE EXECUTIVE ENGINEER, MAJOR IRRIGATION DIVISION, ALAPPUZHA. 3. THE ASSISTANT EXECUTIVE ENGINEER, MAJOR IRRIGATION DIVISION, CHENGANNUR. ADDL.R4. THE PRINCIPAL SECRETARY, REVENUE (P) DEPARTMENT, THIRUVANANTHAPURAM. (ADDL.R4 IS IMPLEADED AS PER ORDER IN IA NO.17337/2010 DATED 17/12/2010) GOVERNMENT PLEADER SRI.DILEEP MOHAN FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.9364/09 APPENDIX PETITIONERS' EXHIBITS EXT.P1: TRUE COPY OF REPRESENTATION SUBMITTED TO THE MEMBER OF PARLIAMENT DATED 20/6/2004. EXT.P2: TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 1ST RESPONDENT DATED 2.3.2009. EXT.P3: TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT DATED 2.3.2009. EXT.P4: TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE MEMBER OF PARLIAMENT DATED 28.2.2009. EXT.P5: TRUE COPY OF THE COVERING LETTER OF THE MEMBER OF PARLIAMENT DATED 2.3.2009. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 9364 OF 2009 ===================== Dated this the 17th day of December, 2010 J U D G M E N T The grievance of the petitioners is that they have submitted Exts.P2 and P3 applications requesting the respondents to construct a retaining wall to their property, so that further damage will not be caused to the property, which is situated on the banks of Pampa river near to Mithrapuzha Bridge in Chengannur Village. 2. Counter affidavit filed by the 2nd respondent shows that the grievance raised by the petitioners that in view of the absence of retaining wall, extensive damage is caused to the property of theirs is genuine. In the additional statement made on behalf of the 2nd respondent, it is stated that taking note of the possibility of damages to the properties of the petitioners, they have already prepared an estimate for the construction of a retaining wall and that the same has been submitted to the District Collector, Alappuzha, who is the Chairman of the Expert Committee. It is stated that the Chairman has already forwarded the estimate to the State Level Expert Committee under the Chairmanship of the WPC No.9364/09 :2 : Revenue Secretary. According to the learned Government Pleader, the estimate has been despatched to the State Level Expert Committee on 18/1/2010 and the file No is C2/27860/09. It is stated that a decision of the State Level Expert Committee is awaited in this matter. 3. Thus, at present, what is required is that the State Level Expert Committee under the Chairmanship of the additional 4th respondent will have to take a decision on the estimate that is forwarded by the 1st respondent. Therefore, I direct that, on the production of a copy of this judgment, the 4th respondent will take a decision on the estimate forwarded by the 1st respondent. This the 4th respondent shall do, as expeditiously as possible, at any rate within 3 months of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp