JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ of certiorari quashing Exts.P1, P3, P6 and P8 as unjust, illegal arbitrary and unsustainable.

ii. To issue a writ of mandamus directing respondents to refrain from interfering with the petitioners activity of levelling the vachal, and laying the pipeline for irrigation and construction of compound wall around her property in R. S. No. 216/21, 216/10 and 216/12 of Paravoor Village (earlier Punnapra Village) in Ambalapuzha Taluk in Alappuzha district.

iii. To issue a writ of mandamus directing the 5th respondent to grant the petitioner the permission to level the vachal and to lay pipeline for irrigation and to construct compound wall around her property in R. S. No.216/21, 216/10 and 216/12 of Paravoor Village (earlier Punnapra Village) in Amabalapuzha Taluk, Alappuzha district;

iv. To issue a writ of mandamus directing respondents 1 to 5 to ensure that the respondents 6 to 10 or their men are not interfering with the action of the petitioner of levelling the vachal/thodu in her property in R. S. No. 216/21, 216/10 and 216/12 of Paravoor Village (earlier Punnapra Village) in Ambalapuzha Taluk, Alappuzha district and constructing boundary wall around the said property.

v. To issue a writ of mandamus directing 1st respondent to take a decision on Ext. P4 revision petition afresh within a time frame to be fixed by this Hon'ble Court.

vi. To declare that the complaint filed by the 6th respondent is a false complaint.

vii. To issue such other orders, directions or writs as may be prayed for and that this Hon'ble Court may deem fit on the facts and circumstances of the case.

(SIC)

2. Petitioner is the owner of 62.50 ares of property comprised in Resurvey Nos.216/21, 216/10 and 216/12 of Paravoor Village in Ambalappuzha Taluk, Alappuzha District. Ext.P1, P3 and P6 orders are issued directing the petitioner not to level the private vachal which runs through her property. According to the petitioner, she wants to level the vachal so as to construct a boundary wall around her property.

She filed Ext.P5 revision before the 1st respondent. The same is rejected by way of Ext.P8. Aggrieved by Exts. P1, P3, P6 and P8, this writ petition is filed. According to the petitioner, the vachal in question is constructed by the petitioner only for the irrigation of her paddy field. It is submitted that it is an exclusive private property of the petitioner. It is also the contention of the petitioner that respondents 6 to 10 can irrigate their paddy field through other vachal which includes a public vachal. The definite case of the petitioner is that she constructed the vachal exercising her right as a riparian owner. It is a private right is the submission. Therefore she has every right to level the said vachal is the further submission. It is also submitted that the impugned orders are passed without considering Ext.P5 judgment passed by the competent court. Therefore it is submitted that the petitioner's right to level the vachal is not in any way in conflict with any legal rights of the party respondents. Hence this writ petition.

3. Heard the learned counsel for the petitioner and the learned Government Pleader.

4. This Court perused Exts.P1, P3, P6 and P8. Ext.P1 is the proceedings of the Puncha Special Officer, Alappuzha.

The Puncha Special Officer considered all the aspects and rejected the contention of the petitioner. Ext.P3 is the order passed by the District Collector, Alappuzha. The District Collector also confirmed the order passed by the Puncha Special Officer. Ext.P6 is the proceedings of the Village Officer, Paravoor. Ext.P8 is the order passed by the Government considering all the contentions of the petitioner. It will be beneficial to extract the relevant portion of Ext.P8 order:

“Government have examined the matter in detail and found that the District Collector, Alappuzha reported that the crop is raised in Kannankurudi Padasekharam by collective effort of farmers.