S.Parvathy Amma v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 28TH DAY OF JANUARY 2015/8TH MAGHA, 1936 WP(C).No. 1649 of 2015 (E) ----------------------------------- PETITIONER(S):

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1. S.PARVATHY AMMA, AGED 78 YEARS, W/O.LATE THIRUVIYAN PILLAI, LEKSHMI NIVAS, VAZHAPPALLY P.O., WARD NO.III, CHANGANACHERRY-3, KOTTAYAM DISTRICT.

2. JAYALAKSHMI @ MANJU, AGED 41 YEARS, D/O.S.PARVATHY AMMA, LEKSHMI NIVAS, VAZHAPPALLY P.O., WARD NO.III, CHANGANACHERRY-3, KOTTAYAM DISTRICT. BY ADVS.SRI.S.JAYAKRISHNAN SRI.S.PARAMESWARA PRASAD RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, IRRIGATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

2. THE CHEIF ENGINEER (IRRIGATION & ADMINISTRATION), STATE OF KERALA, THIRUVANANTHAPURAM, PIN - 695 001.

3. THE EXECUTIVE ENGINEER, PAMPA IRRIGATION PROJECT, I.T.I. JUNCTION, CHENGANUR, PIN - 689 121.

BY SENIOR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 1649 of 2015 (E) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1: TRUE COPY OF THE LAND TAX RECEIPT DATED 18.11.2014. EXHIBIT-P2: TRUE COPY OF THE SURVEY SKETCH.

EXHIBIT-P3: TRUE COPY FO THE REPRESENTATION DATED 05.01.2015 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT. RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

P.R. RAMACHANDRA MENON, J.

--------------------------------------- W.P.(C) No.1649 of 2015 --------------------------------------- Dated this the 28th day of January, 2015

JUDGMENT

The petitioners have approached this Court with the following prayers:

"i. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction to the 3rd respondent not to demolish the compound wall constructed over the slab across the Pampa Irrigation Project Canal laid with his consent;

ii. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction to the 3rd respondent to maintain the compound wall as it is in the circumstances where the petitioners have expressed their consent to execute a bond and to regularize the construction;

iii. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the 3rd respondent to consider and dispose of Exhibit P3 representation as early as possible after affording an opportunity f being heard;

And iv. Issue such other order or direction as this Honourable Court may deem fit and proper in the facts and circumstances of the case."

2. The learned counsel for the petitioners points out that the grievance of the petitioners projected in the writ petition has already been highlighted by way of Ext.P3 representation, which is pending consideration before the 3rd respondent. It is stated

W.P.(C) No.1649 of 2015 that, the petitioners will be satisfied, if a direction to be given to the 3rd respondent, to have it considered and disposed of within a reasonable time.

3. Heard the learned Government Pleader as well.

4. After hearing both the sides, the writ petition is disposed of, directing the 3rd respondent to pass appropriate orders on Ext.P3 preferred by the petitioners, after affording an opportunity of hearing to the petitioners and other interested parties, if any, at the earliest, at any rate, within 'six weeks' from the date of receipt of a copy of this judgment.

'Status quo' shall be maintained till such time. petitioners shall produce a copy of this judgment, along with a copy of the writ petition, before the 3rd respondent, for further steps.

P.R. RAMACHANDRA MENON, JUDGE sp