Kunjumuhammed vs State Of Kerala
2023 Latest Caselaw 1843 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
    WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                       WP(C) NO. 39911 OF 2022
PETITIONERS:

    1     KUNJUMUHAMMED
          AGED 62 YEARS
          S/O. ABDU, VALLINJALIL HOUSE,
          MALAYIKUNNU, SOUTH ADUVASSERY, KUNNUKARA VILLAGE,
          PARAVUR TALUK, PIN: 683575
    2     HAIARUNNISA,
          AGED 55, W/O. KUNJUMUHAMMED,
          VALLINJALIL HOUSE, MALAYIKUNNU,
          SOUTH ADUVASSERY, KUNNUKARA VILLAGE,
          PARAVUR TALUK PIN: 683575
          BY ADV V.M.ALI


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
          THIRUVANANTHAPURAM -695001
    2     THE REVENUE DIVISIONAL OFFICER,
          FORT KOCHI, ERNAKULAM DISTRICT-682001
    3     ADDL R3. THE SECRETARY,
          KUNNUKARA GRAMA PANCHAYATH, KUNNUKARA,ERNAKULAM
          DISTRICT 683578 (IMPLEADED AS PER ORDER DATED
          16/12/2022 IN IA 1/2022)
          BY ADV ANOOP.V.NAIR


OTHER PRESENT:

          SR.G.P SMT. DEEPA.N


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 39911 OF 2022
                                       2



                             JUDGMENT

This writ petition is filed by the petitioners seeking the

following reliefs;

" i. To grant a writ of mandamus or any other appropriate writ order or direction directing the 2 nd respondent to consider Exhibit P2 complaint and to save the life and property of the petitioners from the impending disaster due to the collapse of the dilapidated and unused pond.

ii. To direct the 2nd respondent to save the life and property of the petitioners and their family members either by fully leveling the unused pond or by sufficiently reinforcing the side wall to the depth of the pond.

iii. To pass such other order or direction which is deemed fit and proper in the fact and circumstance of the case.

iv. Dispense with the filing of translation of vernacular documents. "

2. Even though the petitioners seeks for disposal of

Ext.P2 application submitted before the Revenue Divisional

Officer, Fort Kochi under the impression that the pond in

question is a public pond, no direction can be issued to the

Revenue Divisional Officer to consider Ext.P2, for the basic

reason that the learned Government Pleader as well as the

learned Standing Counsel for the panchayat submitted that,

the pond is not a public pond and therefore, the Revenue

Divisional Officer is not vested with the power under the WP(C) NO. 39911 OF 2022

Cr.P.C or any other provisions to consider the said application.

At that point of time, the learned counsel for the petitioners

seeks permission to withdraw the writ petition in order to take

appropriate steps, in accordance with law.

Therefore, this writ petition is dismissed as withdrawn. All

the questions of facts and law raised in this writ petition are

left open.

Sd/-

SHAJI P. CHALY JUDGE

LU WP(C) NO. 39911 OF 2022

APPENDIX OF WP(C) 39911/2022

PETITIONER EXHIBITS :

EXHIBIT P1 THE TRUE COPY OF TAX RECEIPT DATED 6.6.2022 ISSUED FROM KUNNUKARA VILLAGE.

EXHIBIT P2 THE TRUE COPY OF THE COMPLAINT MADE IN APRIL 2022 TO THE 2ND RESPONDENT.

EXHIBIT P3              THE TRUE COPY OF THE REPORT OF THE VILLAGE
                        OFFICER DATED 26.4.2022




                //    True Copy //       PA To Judge