JUDGMENT

Dated this the 9th day of June, 2020 S. Manikumar, CJ.

The captioned writ petitions are materially connected with respect to a check dam constructed in a property having an extent of 8 acres comprised in Survey No.2 of Vettilappara Village, Eranadu Taluk, Malappuram District. Therefore, we heard them together and proposed to pass this common judgment.

2. W.P.(C) No.41156 of 2017 is filed by owner of the property, who has put up a water theme park, by constructing a check dam and thus, allegedly prohibiting free flow of a natural river, causing threat of landslide, and danger to a colony of Scheduled Tribe people living beneath the hillock, challenging order dated 08.12.2017 (Exhibit-P7) passed by the District Collector, Malappuram, whereby he is directed to demolish the check dam and ensure free flow of the natural water course. Whereas, W.P.(C) No.9553 of 2018 is filed by All Kerala River Protection Council as a public interest litigation seeking to demolish the illegal construction of water theme park and the dam, by the 5th respondent, viz., one P.V.Anvar, who is the son-in-law of the petitioner in W.P.(C) No.41156 of 2017 and a member of the Kerala Legislative Assembly.

3.