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2026 Supreme(Online)(Ker) 14195

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
BENNEY MATHEW – Appellant
Versus
DISTRICT COLLECTOR – Respondent
WP(C) NO. 3992 OF 2026



Advocates:
For the Appellants/Petitioners: SMT.RESMI NANDANAN
For the Respondents: GP, SMT DEEPA V

The court can direct action based on prior judgments, ensuring compliance with court orders while allowing further legal recourse.

Headnote:The petition seeks a writ of Mandamus directing the District Collector to consider a previous court judgment and allow water access for irrigation. The petitioners allege inaction post-judgment. The court noted an order passed and disposed of the petition. Issues include non-compliance and remedy pursuit. The court emphasized the petitioners’ right to further appeal. The final outcome disposed of the writ petition.

Table of Content
1. petition for writ of mandamus for irrigation. (Para 1)
2. allegation of inaction after the court's prior judgment. (Para 2)
3. court's directive regarding compliance and petition disposal. (Para 3)

JUDGMENT

The above writ petition is filed with the following prayers:

“i) issue a writ of Mandamus to the 1st respondent to consider Exhibit P1 Judgment dated 3.12.2022.

ii) issue writ of Mandamus directing the respondents to complete the proceedings in furtherance of Exhibit P1 Judgment at the earliest.

iii) Issue writ of Mandamus directing the respondents, 1st respondent to allow the petitioner to take water through the water channels for irrigation of the paddy cultivation.

iv) Grant such other reliefs which this Honourable court may deem fit grant in the facts and circumstances of the court.”

(SIC)

2. The main grievance of the petitioners is that no orders are passed after Ext.P1 judgment.

3. When this writ petition came up for consideration on 10.02.2026, this Court directed the learned Government Pleader to get instruction. Now, the Government Pleader submitted that an order consequent to Ext.P1 judgment is passed on 16.02.2026. If that be the case, this writ petition need not be retained here. If the petitioners are aggrieved by the same, the petitioners are free to challenge the same, in accordance with law. With the above observation, this Writ Petition is disposed of.

Sd/-

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