IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 1261 of 2007()
1. K.SIVAPRASAD, S/O.KARUNAKARAN,
... Petitioner
Vs
1. UNION OF INDIA, REP.BY THE SECRETARY TO
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
3. THE CHIEF CONSERVATOR OF FORESTS,
4. THE DISTRICT COLLECTOR, KOLLAM.
5. THE EXECUTIVE ENGINEER,
6. THE DIVISIONAL FOREST OFFICER,
For Petitioner :SRI.SIBY MATHEW
For Respondent :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.T.SANKARAN
Dated :25/06/2007
O R D E R
H.L. DATTU, C.J. & K.T. SANKARAN, J.
...................................................................................
W.A. No. 1261 OF 2007
...................................................................................
Dated this the 25th June, 2007
J U D G M E N T
H.L. Dattu, C.J.:
This appeal is directed against the judgment of the learned single
Judge in W.P.(C) 25986 of 2006 dated 10th November, 2006. In the Writ
Petition, the petitioner had sought for several directions. The learned
single Judge has rejected the Writ Petition, since the learned single Judge
was of the opinion that those directions cannot be given. That is how,
the petitioner is before us in this Writ Appeal.
2. Learned counsel appearing for the appellant/petitioner is not in
a position to inform us about the statutory obligation that is cast upon the
respondents to entertain this application for removal of accumulated
sand in the dam area . Secondly the petitioner is also not in a position to
tell us, as to whether there is any right for the petitioner under the
statutory provisions.
3. In the absence of a right and in the absence of corresponding
obligation on the part of the respondents, the mandamus sought for,
cannot be granted by this court. Keeping this aspect of the matter in
W.A. No. 1261 OF 2007
2
view, in our opinion, the learned single Judge has rightly rejected the
Writ Petition. Therefore, no interference is called for in this Writ Appeal
and it requires to be rejected. Accordingly, it is rejected.
Ordered accordingly.
H.L. DATTU,
CHIEF JUSTICE.
K.T. SANKARAN,
JUDGE.
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