CHEKKINI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners have approached this Court alleging that the 6th respondent - Sri.Thomas Philip - has destroyed a public water tank vested with the 5th respondent - Kottur Grama Panchayath, with the alleged nefarious/intention of commencing a quarry; but that no action has been taken against him by either by the 3rd respondent - Block Panchayath or by the 5th respondent - Grama Panchayath until now. They, therefore, pray that these two Authorities be directed to take immediate action to restore the water tank and to proceed appropriately against Sri.Thomas Philip.

(2.) Respondents 3 and 4 - Balusseri Block Panchayath - have filed a counter affidavit on record, wherein they say that under the provisions of Section 218 of the Kerala Panchayat Raj Act, 1994 ("the Act" for short), the water tank has been vested in the 5th respondent and therefore, it is for the said Panchayath to take necessary action in terms of law against Sri.Thoams Philip, as also to restore the same to its original position. He prays that no further orders may, therefore, be issued against his clients.

(3.) Sri.K.N.Abhilash, learned Standing Counsel appearing for the 5th respondent - Kottur Grama Panchayath, submits that as soon as the information for destruction of the water tank was brought to the notice of its Secretary, he had initiated necessary action and had filed complaints before the Police Authorities. He says that all necessary action, as are required under the provisions of law, will be taken forward and completed without any further delay.