IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 5^TH DAY OF APRIL 2023 / 15TH CHAITHRA, 1945 WP(C) NO. 6443 OF 2021 PETITIONER:

A.K.SASIDHARAN, AGED 59 YEARS S/O ASOKAN, KANARIKKAL, VALLIKKUNNU NORTH P.O, KOZHIKODE DISTRICT, PIN-676 314.

BY ADVS.DAISY A.PHILIPOSE SRI.JAI GEORGE RESPONDENTS:

1 THE DISTRICT COLLECTOR, CIVIL STATION, KOZHIKODE P.O, PIN-673001.

2 THE DISTRICT EXPERT COMMITTEE, CIVIL STATION, KOZHIKODE.PO, PIN-673001. REPRESENTED BY ITS CHAIRMAN.

3 THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, IRRIGATION SUB DIVISION, PARAPPANANGADI P.O, KOZHIKODE, PIN-

676303.

4 THE ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER MAJOR IRRIGATION, PARAPPANANGADI P.O, KOZHIKODE, PIN-676303.

5 VALIKKUNNU GRAMA PANCHAYATH, OFFICE OF THE GRAMA PANCHAYATH, VALLIKKUNNU NORTH P.O, KOZHIKODE DISTRICT, PIN-676314. REPRESENTED BY ITS SECRETARY.

6 MOHAMMED ALI, MELEVEETTIL, VALLIKKUNNU P.O, KOZHIKODE DISTRICT, PIN-676314.

7 KUNJU MOHAMMED, NALAKATHU KOTTATHODI, VALLIKKUNNU NORTH P.O, KOZHIKODE DISTRICT, PIN-676314.

8 KALYANI @ AMMU, THAROL HOUSE, VALLIKKUNNU NORTH P.O, KOZHIKODE DISTRICT, PIN-676314.

BY ADVS.SR. GOVERNMENT PLEADER SRI.K.P.HARISH SRI.NAVANEETH.N.NATH SMT.N.RAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

05.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT Dated this the 5^th day of April, 2023 S.MANIKUMAR, C.J.

The petitioner is a citizen of India and a permanent resident of Valikkunnu Panchayath. He is highly concerned about the construction of a wall on the side of Kadalundi river at Poranchery in Vallikkunnu Panchayath in Kozhikode District, encroaching into the river. It is alleged by the petitioner that there is inaction in considering Ext.P4 representation submitted by him in this regard before the 4^th respondent – the Assistant Executive Engineer. Hence this writ petition.

2. Reliefs sought for in this writ petition are as follows:

“i. Issue a writ of mandamus directing the respondents 1 to 4 to demolish the wall constructed, encroaching into Kadalundi River at Poranchery in Vallikkunnu Panchayath in Kozhikode District, without demarcating the boundaries of the river poramboke as per the survey plan of the River.

ii. Issue a writ of mandamus directing the respondents No. 1 and 2 to take immediate and effective action to conduct a survey to demarcate the boundaries of the Kadalundi River as per the survey plan of the River and to protect the river poramboke after evicting the encroachments, in accordance with law.

iii. Issue a writ of mandamus directing the respondents 1,2 and 6 to prepare the River Bank Development Plan in respect of Kadalundi River and implement the same, immediately.

iv. Issue a writ of mandamus directing the respondent 1 to evict the encroachments made by respondent 6 to 8 as marked in Exhibit-P3 survey sketch, in accordance with law.”

3. In support of the contentions raised in the writ petition, petitioner has raised various grounds, which are extracted hereunder:

“A. Fundamental duties of the citizens, enumerated in Article 51A (Part IV A) of the Constitution include the duty to protect the assets of the State and to improve the natural enviornment including forests, lakes, rivers and wildlife and to have compassion for living creatures (Article 51-A(g). Thus the petitioner has sufficient locus standi in filing this writ petition, in public interest.

B. As per Section 15 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, the 5^th respondent has an obligation to maintain the Kadavu or river banks in safe condition. It reads as follows:

(1) Every Local authority in the State having Kadavu or river bank for sand removal shall maintain such Kadavu or river bank in a safe condition and protect its bio-pysical enviornment system by taking effective steps to control river bank sliding.

(2) Every local authority shall