Kerala High Court
Sarada Balakrishnan vs State Of Kerala on 8 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:50000
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947
WP(C) NO. 37351 OF 2024
PETITIONER:
SARADA BALAKRISHNAN,
AGED 74 YEARS
W/O. LATE. DR. BALAKRISHNA PILLAI,
RESIDING AT MAVUNKAL HOUSE, BADE,
MANNUTHI. P O,
THRISSUR DISTRICT, PIN - 680651
BY ADVS.
SHRI.K.N.ABHILASH
SHRI.SUNIL NAIR PALAKKAT
SHRI.RISHI VARMA T.R.
SHRI.RITHIK S.ANAND
SMT.SREELAKSHMI MENON P.
SMT.K.M.TINTU
SMT.ANU PAUL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
AGRICULTURAL DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR, THRISSUR,
OFFICE OF THE DISTRICT COLLECTOR,
CIVIL STATION, AYYANTHOLE,
THRISSUR, PIN - 680003
3 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
AYYANTHOLE, THRISSUR, PIN - 680003
4 THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, PANANCHARRY P.O,
PATTIKKAD, THRISSUR, PIN - 680652
WP(C) NO. 37351 OF 2024 2
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5 VILLAGE OFFICER,
PANANCHERRY VILLAGE OFFICE,
PATTIKKAD BUSTAND ROAD, PATTIKKAD,
THRISSUR, PIN - 680652
6 TAHSILDAR,
TALUK OFFICE, TOWN HALL,
W PALACE RD, OPP. THRISSUR,
CHEMBUKKAV, THRISSUR,
KERALA, PIN - 680020
7 GEORGE JACOB,
S/O JACOB, KATTOOKKARAN HOUSE,
PLOT NO.211, NEHRU NAGAR,
KURIACHIRA P.O.THRISSUR, PIN - 680006
8 KOCHUPAUL DAVIS,
S/O DAVIS KAVALAKKATTU HOUSE,
VADAMA P.O, MALA
THRISSUR DISTRICT, PIN - 680732
9 LESLY WILSON,
W/O WILSON, 14-C, AMITY SKY CITY,
UNITY ROAD, KURIACHIRA P.O
THRISSUR DISTRICT, PIN - 680006
0 WILSON,
S/O OUSEPH, 14-C, AMITY SKY CITY,
UNITY ROAD, KURIACHIRA P.O
THRISSUR DISTRICT, PIN - 680006
11 ROY J.V.,
S/O JOHNSON, VELLANIKKARAN HOUSE,
3RD GATE END, HILL GARDENS KUTTANELLOR P.O, THRISSUR,
PIN - 680014
12 ANNETT,
W/O.GEORGE JACOB KATTOOKKARAN HOUSE,
PLOT NO.211, NEHRU NAGAR KURIACHIRA P.O., THRISSUR, PIN
- 680006
13 PAUL,
S/O.OUSEPH, PAREKKATTIL HOUSE,
UNIVERSITY NAGAR, MANNUTHY P.O,
THRISSUR, PIN - 680651
BY ADV SHRI.PRAVEEN K. JOY
WP(C) NO. 37351 OF 2024 3
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OTHER PRESENT:
SENIOR GOVERNMENT PLEADER-SMT.VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 37351 OF 2024 4
2025:KER:50000
Dated this the 8th day of July, 2025
JUDGMENT
The writ petition is filed, inter alia, to direct the third respondent to consider Ext. P9 complaint, expeditiously.
2. The petitioner is the co-owner of a property having an extent of 43 cents in Survey No. 74/66/3 of Panacherry Village, Thrissur District. The respondents 7 to 13 are the adjacent property owners. The party respondents have constructed a granite wall having a height of 3 feet in their property, which is causing obstruction to the free flow of the water. Even though the petitioner had submitted Exts. P9 and P10 complaints before the respondents 2 and 3 on 10.10.2023 and 20.09.2024, respectively, the same have not been considered. Hence, the writ petition.
2. Heard; the learned counsel for the petitioner, the learned Government Pleader and the learned counsel appearing for the respondents 7 to 9 and 11 to WP(C) NO. 37351 OF 2024 5 2025:KER:50000
13.
3. On a consideration of the facts and materials on record, especially that Ext.P9 complaint is pending consideration before the third respondent since 10.10.2023, without expressing anything on the merits of the complaint, I dispose of the writ petition by directing the third respondent to consider and dispose of Ext. P9 complaint, in accordance with the law and on its merits, as expeditiously as possible, at any rate, within sixty days from the date of the production of a copy of this judgment, after affording the petitioner and the representatives of the respondents 7 to 9 and 11 to 13 an opportunity of being heard.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE mtk/08.07.25 WP(C) NO. 37351 OF 2024 6 2025:KER:50000 APPENDIX OF WP(C) 37351/2024 PETITIONER EXHIBITS EXHIBIT -P1 TRUE PHOTOGRAPH SHOWING THE CONSTRUCTION OF GRANITE WALL THROUGH THE BOUNDARY OF THE PARTY RESPONDENTS PADDY EXHIBIT P2 TRUE PHOTOGRAPH FROM ANOTHER ANGLE SHOWING THE CONSTRUCTION OF GRANITE WALL THROUGH THE BOUNDARY OF THE PARTY RESPONDENTS PADDY FIELD EXHIBIT P3 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 6TH RESPONDENT DATED 04.07.2023 EXHIBIT P4 TRUE COPY OF THE REPORT DATED 22.07.2023 SUBMITTED BY 5TH RESPONDENT TO THE 6TH RESPONDENT EXHIBIT P5 TRUE COPY OF THE REPORT DATED 24.08.2023 EXHIBIT P6 TRUE COPY OF THE ORDER DATED 15.03.2023 IN WPC NO. 5965/2023 OF THIS HON'BLE COURT EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER DATED 21.06.2023 IN WPC NO. 5965/2023 OF THIS HON'BLE COURT EXHIBIT P8 TRUE PHOTOGRAPH SHOWING THE STOCKING OF GRANITE STONES IN THE RECLAIMED PROPERTY EXHIBIT P9 TRUE COPY OF THE COMPLAINT DATED 10.10.2023 PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P10 TRUE COPY OF THE COMPLAINT DATED 20.09.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH ITS ACKNOWLEDGMENT RECEIPT ISSUED BY THE 2ND RESPONDENT EXHIBIT P11 TRUE PHOTOGRAPH OF THE COMPOUND WALL WITH GATE EXHIBIT P12 TRUE PHOTOGRAPH OF THE GATE EXHIBIT P13 TRUE COPY OF THE INFORMATION ISSUED BY THE AGRICULTURAL OFFICER, VADAKKEKAD DATED 26.10.2023