IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 36154 of 2008(D) -------------------------- PETITIONER(S): --------------- SASIDHARAN.M.K, S.O MADHAVAN, AGED 53 YEARS, PADINJARE MAPRATHAYIL, PONNAD.P.O, MANNANCHERY. BY ADV. SMT.DAISY A.PHILIPOSE RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA. 2. THE REVENUE DIVISIONAL OFFICER, ALAPPUZHA. 3. THE CHIEF TOWN PLANNER THIRUVANANTHAPURAM. 4. THE TOWN PLANNER, ALAPUZHA. 5. MANNANCHERY GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY. 6. TAMARA REAL ESTATE HOLDING AND DEVELOPMENT PVT LTD, C/O HOZMAN MANAGEMENT PRIVATE LTD, PINACLE, 3RD FLOOR, BDA SITE NO.8, 5TH BLOCK, KORAMANGALA EXTENSION,BANGALORE-560095, REPRESENTED BY ITS MANAGING DIRECTOR. GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 36154 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 17th December, 2008. J U D G M E N T The petitioner is aggrieved by construction by the 6th respondent by converting wet land. According to the petitioner, on account of the filling up of the wet land for the purpose of construction, the petitioner's property is being flooded with water, since the natural water course is being obstructed by such filling up. The petitioner therefore seeks the following reliefs: “i. Issue a writ of certiorari calling for the records relating to Exhibit P1 and P2 and quash the same. ii. Issue a writ of mandamus directing the 2nd respondent to take immediate and effective steps to prohibit the filling up of the paddy fields, wetlands and watercourses within the 13.19 acres of land comprised in Sy.Nos. 479/4, 479/6, 479/12, 479/9/3 482/6 479/13, 479/8, 479/9, 479/11, 491/2, 1/17, 491/9, 491/8, 1/32, 490/9/2, 490/2/2, 490/4, 480/14, 480/4, 480/7, 490/2, 490/8, 490/9, 480/8/2, 480/8/1, 490/11, 490/7, 480/12, 480/3, 480/13, 480/11, 490/1/3, 480/15, 480/1/6, 480/6, 480/1/6, 480/6, 480/5, 480/10, 479/1/1, 491/7, 491/6 of Mannachery village in Alappuzha district by the 6th respondent. iii. Issue a writ of mandamus directing the 3rd and 5th respondent to take immediate and effective steps to ensure that the paddy fields, wetlands and watercourses which are converted by the 6th respondent are restored and to take effective measures to prevent flooding of petitioner's property.” 2. As far as the first relief is concerned, the petitioner's remedy lies in filing an appeal as provided under the Kerala Panchayat Raj Act against the permit issued to the 6th respondent for construction. As far as prayers (ii) and (iii) are concerned, the petitioner's remedy lies in approaching the Revenue Divisional Officer or the Collector as provided under the Kerala Land Utilisation Order. The petitioner submits that the petitioner has already approached the Revenue Divisional Officer in the matter. In the above circumstances, without prejudice to the right of the W.P.C. No. 36154/08 -: 2 :- petitioner to challenge Exts.P2 and P3 in appeal and to pursue the proceedings which have been initiated by the petitioner before the Revenue Divisional Officer , this writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.