Mandamus relief not deemed necessary when substantive actions by government respondents comply with regulations.

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 1 to 5 to reinstate the channel (Thodu) which is included in Resurvey No. 26 under the block 58 and Resurvey No. 33 under block no.78 of Peroorkada Village, Thiruvananthapuram Taluk, Thiruvananthapuram District.

B) Issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 to 5 to reinstate the petitioners property having an extent of 07.85 Ares situated in Block No. 78, Resurvey No. 32 of Peroorkada Village, Thiruvananthapuram Taluk, Thiruvananthapuram District in the original stage and thereby the petitioner can make use the property for cultivation.

C) Grant such other reliefs, which are deemed fit and proper in the facts and circumstances of the case."

[SIC]

2. The main prayer in this Writ Petition is to issue a direction to respondents 1 to 5 to reinstate the channel (Thodu), which according to the petitioner, is included in Resurvey No. 26 under the block 58 and Resurvey No. 33 under block No.78 of Peroorkada Village, Thiruvananthapuram Taluk, Thiruvananthapuram District.

3. A statement is filed by the 5th respondent. It will be better to extract the same:

“1. The above writ Petition is filed inter alia to issue a writ of mandamus, writ order or direction directing the respondents 1 to 5 reinstate the thodu which is included in Re.Sy No.26 under Block No.58 and Re.Sy No.33 under Block No.78 of Peroorkada Village, Thiruvananthapuram taluk. It is submitted that this statement is filed by the 5th respondent reserving their liberty to file a detailed counter affidavit if found necessary at the later stage.

2. It is submitted that a mud road which was available in the above the referred survey numbers has been concreted by the Corporation including the same in the annual budget. Further a canal and culvert is also constructed on the side of the road. The excess water is drained through the culvert. No other action is taken by the Corporation in this regard.”

4. From the above statement, it is clear that a mud road which was available in the referred survey numbers has been concreted by the Corporation including the same in the annual budget, and a canal and culvert is also constructed on the side of the road. The excess water is drained through the culvert. There is no violation of any Act and Rules, is the submission of the 5^th respondent.

5. In the light of the above statement filed by the 5th respondent, I think no further direction is necessary in this case. If there is any surviving grievance to the petitioner, the petitioner is free to approach the 1^st and 2^nd respondents with appropriate representation, and if such a representation is received, the 1^st and 2^nd respondents will do the needful in accordance with the law with notice to the petitioner and other affected parties.

With the above observation, this Writ Petition is disposed of.

Sd/-