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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE K. BABU, J
Shyla Daniel D/o. Late Daniel Zachariah – Appellant
Versus
State Of Kerala, – Respondent
JUDGMENT :
W.P (C) No.16901 of 2021
The prayers in the Writ Petition (Civil) are as follows:
“(i) issue a writ in the nature of mandamus or such other writ, direction or order, directing respondents 4 to 12, not to interfere with the petitioner's property situated at Resurvey Nos. 17, 32, 33, 60, 61, 62, 63, 64 and 65 of Block No. 35 in Peroorkada Village in Thiruvananthapuram Taluk in Thiruvananthapuram District;
(ii) issue a writ in the nature of mandamus or such other writ, direction or order, directing respondents 1 to 10, to restore the original lie and nature of the petitioner's property situated at Resurvey Nos. 17, 32, 33, 60, 61, 62, 63, 64 and 65 of Block No. 35 in Peroorkada Village in Thiruvananthapuram Taluk in Thiruvananthapuram District by filling up the illegally dug water channel/drainage at the instance of 11th and 12th respondents;
(iii) issue a writ in the nature of mandamus or such other writ, direction or order, directing Respondents 1-4 to institute departmental disciplinary proceedings against Respondents 11 and 12 for their illegal actions in having trespassed into and illegally dug water channel/drainage in the petitioner's property;
(iv) issue a writ in the nat
The Municipality has a statutory obligation to restore and maintain public watercourses, ensuring environmental hygiene and preventing flooding.
The court held that residents could compel the Corporation to consider their request for road maintenance under the Kerala Municipality Act.
Mandamus relief not deemed necessary when substantive actions by government respondents comply with regulations.
Encroachments on public drainage systems are impermissible and must be removed to protect public health and safety.
Division of responsibilities for stormwater drain maintenance clarifies jurisdiction between local and public works departments.
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