RENCHU OOMMEN Vs. PATHANAMTHITTA MUNICIPALITY

JUDGEMENT

(1.) The captioned writ petitions are materially connected in respect of a water channel ordered to be restored by the Revenue Divisional Officer, in favour of the petitioner in W.P.(C) No.12090 of 2018 and against the petitioner in W.P.(C) No.16143 of 2018. Therefore, I heard them together and propose to deliver a common judgment.

(2.) W.P.(C) No.12090 of 2018 is filed seeking direction to respondents 1 and 2 to enforce Ext.P5 order passed by the 2nd respondent, i.e., the Secretary of the Pathanamthitta Municipality dated 07.07.2016, directing one T.V.Thomas to remove the soil stacked in the boundary by and between the petitioner's properties and also to restore the water channel on the eastern boundary of the property of T.V.Thomas. Material facts stated by the petitioner therein are as follows:

(3.) Petitioner is the Manager of Vocational Higher Secondary School, Kumbazha, Pathanamthitta District. Respondents 4 and 5 are having properties on the western side of the property of the school. According to the petitioner, there is a water channel in between the property of the school and properties of respondents 4 and 5. Respondents 4 and 5 encroached into the said water channel and filled up the same. The 4th respondent constructed a boundary over the water channel using granite stones, thus preventing the flow of water through the channel. Due to the illegal filling up of channel and the obstruction caused thereby, the water which was flowing through the said channel started to flow through the property of the school, and various damages are occurred to the property of the school. Thereupon, on the application submitted by the petitioner, the 2nd respondent, i.e., the Secretary of the Municipality, has passed Ext.P9 order, directing to restore the water channel to its original state, within seven days. Even though the order is dated 05.08.2017, in spite of earnest efforts of the petitioner, no action was initiated.