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2013 Supreme(Ker) 886

P.R.RAMACHANDRA MENON
Abdul Azeez – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner:C.M. Mohammed Iqubal, Advocates.
For the Respondents:K.C. Vincent, Sr. Government Pleader, V.G. Arun, T.R. Harikumar and C.A. Chacko, Advocates.

JUDGMENT :

P.R. Ramachandra Menon, J.

The issues involved in these cases are almost similar and hence dealt with together. By virtue of the statutory mandate under Section 15 and such other provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, mulcting the liability upon the Local Authorities to protect and preserve the river banks, it was decided to construct a permanent blockade to the concerned 'Kadavus' in the fourth respondent Panchayat in the respective writ petitions. The construction was sought to be effected, as proposed by the District Collector, who is the Chairman of the River Management Fund.

2. The proposal made by the District Collector was considered by the High Level committee as well, and after examining the project proposal and recommendation in this regard, the Government sanctioned the same by Ext. P1 Government Order bearing No. G.O. (Ms) No. 429/09/RD dated 30-10-2009, whereby as many as 50 Kadavus' in the concerned Panchayat/Municipality were identified, where permanent construction was sought to be effected. The total estimate was fixed as Rs.3,09,75,000/- and it was ordered to raise funds and satisfy the liability to the co




























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