These writ petitions are filed questioning proceedings initiated under the Disaster Management Act 2005 (hereinafter referred to as the “DM Act”). Since common questions of law are involved in all these cases, these cases are disposed of by a common judgment.

FACTS:

2. W.P.(C).No. 26377/2015:

2.i. The petitioner claims ownership of a land in Survey No.560/364 of Vanchiyoor Village in Thiruvananthapuram Taluk, Thiruvananthapuram District. He has been served with a notice under Section 34(k) of the DM Act. Ext.P8 is the said notice. The notice directs him to show cause against proposed demolition and removal of the structures and buildings belonged to him. It is stated in the notice that the petitioner had constructed building above the underground arched conduit portion of the Thekkanankara Canal situated in Survey No.560/364. The notice was issued by the District Collector in the capacity as the Chairman of the District Disaster Management Authority, Thiruvananthapuram. On receipt of notice, the petitioner raised objections before the Revenue Minister as per Ext.P11. In the objection, the petitioner has stated that the land referred above belongs to the Maharaja of Travancore and it is a private property and thereafter by transfer of land, it now belongs to the petitioner. The petitioner also pointed out that there is no obstruction in the flow of water through the canal. It appears that the petitioner's objection was referred to the District Collector and the District Collector, directed the Tahsildar to report about the factual aspects raised in the objection. In Ext.P11 the petitioner has also highlighted allegations that certain ministers are inimical to him and the notice was issued based on the enmity towards him. Ext.P12 is the Tahsildar's report. In the report of the Tahsildar, it is stated that it is necessary to demolish the structures over the canal so as to prevent any impending disaster. The Tahsildar in his report answered the objections raised by the petitioner. The petitioner, thereafter, approached this Court in W.P.(C).No.20945/2015. This Court, by Ext.P13 judgment disposed the writ petition ordering a joint inspection and also directing the Authorities to furnish the documents relied upon by them. Thereafter, the petitioner raised a detailed objection by Ext.P18. Based on the objection and after hearing the petitioner, a decision was taken as per Ext.P32. By this decision, the petitioner's objections were overruled by the Authority. The Authority also found that the land belongs to the Government and therefore, the petitioner is not entitled for compensation.

2.ii. The decision has been taken by the competent Authority being the Chief Executive Officer, District Disaster Management Authority. The Authority after adverting to the relevant records, Thekkanankara Canal which was constructed in the year 1940, is in an extremely precarious condition and the underground conduit is likely to collapse, therefore, the Authority took the view that immediate action is necessary under the DM Act.

2.iii. The petitioner questions Ext.P32 on the following grounds:

a. Mala fides.

b. Violation of the principles of natural justice.

c. Challenging the authority to acquire private land belonged to him.

d. Absence of any disaster to confer jurisdiction and;

e. Also for the reason that no district plan drawn by the competent Authority which is required under Section 31 of the DM Act.

2.iv. The learned Senior Government Pleader, Shri C.S.Manilal would contend that the land in question is Government land and it is recorded in the revenue records as kandukrishi thanathu. It is submitted that a person in possession of kandukrishi land will have to obtain an assignment under the Kandukrishi Land Assignment Rules, 1958. Therefore, it is contended that since the petitioner has no case that he has obtained any assignment, he cannot claim any private interest in the above land. The learned Senior Government Pleader points out that The