Local governance entities like Panchayats play a crucial role in managing environmental issues, especially regarding land and water use.

JUDGMENT

This writ petition is filed for a direction to the respondents to take immediate steps to dismantle the culvert constructed across the canal branch of the Kadamprayar river which flows through the northern boundary of the Flair Homes Water face Villas and to restore the free flow of water and for other reliefs.

2. When the writ petition came up for further consideration today, the petitioners have produced affidavit dated 7.10.2022 stating that a compromise has been arrived at between the parties on 28.9.2022 and that the Panchayat has no objection in dismantling the culvert crossing the canal at the cost of the petitioners. It has also been agreed to retain the small culvert referred to in the said decision. A copy of the decision of the Panchayat Committee is also produced along with the affidavit. Accordingly, this writ petition is disposed of recording the compromise entered into by the parties and the decision of the Panchayat Committee dated 28.9.2022.

The petitioners shall dismantle the culvert crossing the canal as stated in the decision dated 28.9.2022 at their cost within a period of one month from today and the debris shall be removed within one week thereafter.

Sd/-

MURALI PURUSHOTHAMAN JUDGE al/-

APPENDIX OF WP(C) 2993/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF FLAIR HOMES RESIDENTS ASSOCIATION(FHRA), KOCHI DATED 17.10.2007 ISSUED B THE REGISTRAR OF SOCIETIES, ERNAKULAM WITH TRANSLATION.

EXHIBIT P2 PHOTO COPY OF SKETCH(DRAWING OF THE FLAIR HOMES RESIDENTS INDICATING THE LOCATION OF THE UNAUTHORIZED CONSTRUCTION ABOVE THE WATER WAY (STREAM)

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION NO FHRA/DB/2019 DATED 18.11.2019 SUBMITTED BY THE FIRST PETITIONER-THE SECRETARY OF FLAIR HOMES RESIDENTS ASSOCIATION(FHRA) BEFORE THE SECRETARY, GRAMA PANCHAYAT, KIZHAKKAMBALAM- THE FIRST RESPONDENT EXHIBIT P3 ENGLISH TRANSLATION OF EXHIBIT P3 EXHIBIT P4 TRUE COPY OF THE RECEIPT NO.5578793 DATED

18.11.2019 OF KIZHAKKAMBALAM GRAMA PANCHAYAT ISSUED TO SECRETARY FLAIR HOME RESIDENTS ASSOCIATION(FHRA) THE FIRST RESPONDENT EXHIBIT P5 PHOTO COPY OF THE LETTER NO.FHRA/DB/2019 DATED 26.11.2019 SUBMITTED BY THE FIRST PETITIONER - THE SECRETARY OF THE FIRST RESPONDENT BEFORE THE PRESIDENT, GRAMA PANCHAYAT, KIZHAKKAMBALAM- FIRST RESPONDENT EXHIBIT P5(A) ENGLISH TRANSLATION OF EXHIBIT P5 EXHIBIT P6 PHOTO COPY OF THE SALE DEED NO.1304/2001 OF SRO, PUTHENKURIZU EXECUTED BY THE 5TH RESPONDENT T.A.NISSAMUDDIN IN FAVOUR OF SAJU THOMAS- THE SECOND PETITIONER EXHIBIT P7 PHOTO COPY OF THE CERTIFICATE DATED

24.09.2014 ISSUED BY VILLAGE OFFICER, KIZHAKKAMBALAM VILLAGE TO SAJU THOMAS- THE SECOND PETITIONER WITH TRANSLATION.

EXHIBIT P8 PHOTO COPY OF THE SALE DEED NO.3975/2000 OF SRO, PUTHENKURIZU EXECUTED BY THE 5TH RESPONDENT IN FAVOUR OF TOMMY JOSEPH-3RD PETITIONER EXHIBIT P9 PHOTO COPY OF THE COMPLAINT DATED

25.11.2005 FILED BEFORE THE DISTRICT COLLECTOR, ERNAKULAM BY TOMMY JOSEPH- THE

3RD PETITIONER EXHIBIT P10 PHOTO COPY OF THE SALE DEED NO.1964/2004 OF SRO, PUTHENKURIZU EXECUTED BY THE 5TH RESPONDENT IN FAVOUR OF VC KURUVILLA- 4TH PETITIOINER EXHIBIT P11 THE PHOTO COPY OF THE LAND TAX RECEIPT FOR THE YEAR 2018-19 ON 17.05.2018. ISSUED BY THE VILLAGE OFFICE KIZHAKKAMBALAM TO THE

4TH PETITIONER EXHIBIT P12 THE PHOTO COPY OF THE LAND TAX RECEIPT DATED 15.12.2018 FOR THE YEAR 2018-19 ISSUED BY THE VILLAGE OFFICE KIZHAKKAMBALAM TO THE 8TH PEITTIONER EXHIBIT P13 APPLICATION SUBMITTED BY THE 5TH PETITIONER BEFORE THE 1ST RESPONDENT ON

06.02.2020 UNDER THE RIGHT TO INFORMATION ACT.

EXHIBIT P14 REPLY RECEIVED FROM THE 1ST RESPONDENT THE SECRETARY KIZHAKKAMBALAM GRAMA PANCHAYAT ON

10.02.2020 UNDER THE RIGHT TO INFORMATION ACT.

EXHIBIT P15 APPLICATION SUBMITTED BY THE 8TH PETITIONER BEFORE THE PUBLIC INFORMATION OFFICER-THE SECRETARY KIZHAKKAMBALAM GRAMA PANCHAYAT (1ST RESPONDENT) ON 27.2.2020 UNDER THE RIGHT TO INFORMATION ACT.

EXHIBIT P16 REPLY RECEIVED BY THE PETITIONER FROM THE

1ST RESPONDENT PUBLIC INFORMATION OFFICER-

THE SECRETA