The court emphasizes the necessity for timely administrative action concerning public watercourses, establishing a procedural obligation upon authorities.

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"(A) Issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 2 to 5 to take immediate and effective action on the basis of Exhibits P4 and P5 and to restore the thodu situated on the western side of the petitioner’s property in Survey No.351/10B of Kadungalloor Village and ensure free flow of water to the petitioner’s property.

(B) Issue a writ of mandamus directing the respondents to restore the thodu to its original width, alignment and condition and to ensure free and uninterrupted flow of water through the said watercourse within a time frame to be fixed by this Hon’ble Court.

(C) Issue a writ of Mandamus or any other appropriate wit, order or direction directing the 5^th respondent to consider Exhibit P6 submitted by the petitioner in pursuant to Exhibit P4 and P5 reports issued by the respondents 3 and 4, respectively.

(D) Granting such other writ, order or direction which this Hon’ble Court deems it fit in the circumstances of this case.

(E) Dispense with the production of the translations of vernacular documents."

[SIC]

2. The main prayer in this Writ Petition is regarding the restoration of a thodu. The petitioner’s husband submitted Ext.P6 representation before the 5^th respondent. The same is not considered, is the grievance of the petitioner. Hence, this Writ Petition is filed.

3. Heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the 5^th respondent and the learned Government Pleader. The manner in which this Writ Petition is going to be disposed of, no notice is necessary to the additional 6^th respondent. If the additional 6^th respondent is aggrieved by any of the directions issued by this Court, he is free to file a Review Petition before this Court.

4. After hearing the counsel appearing for the petitioner and the Standing Counsel appearing for the Panchayat, I think there can be a direction to the 5^th respondent to consider Ext.P6 with notice to the petitioner and the additional 6^th respondent. I make it clear that I have not considered the matter on merit and the 5^th respondent is free to pass appropriate orders in accordance with the law.

Therefore, this Writ Petition is disposed of in the following manner:

1. The 5^th respondent is directed to consider and pass appropriate orders in Ext.P6 after giving sufficient opportunity of hearing to the petitioner and the additional 6^th respondent, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment.

2. While deciding the matter, the applicability of Exts.P4 and P5 reports also should be considered by the 5^th respondent.

3. The petitioner will produce a certified copy of this judgment along with a copy of this Writ Petition with exhibits before the 5^th respondent for compliance.

Sd/-