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2024 Supreme(Online)(KER) 30763
HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
SASIKDHARAN KARIMBANAPALAM – Appellant
Versus
THE VATAKARA MUNICIPALITY – Respondent
WP(C) 27032/2017
SRI.U.P.BALAKRISHNAN, SRI.K.R.AVINASH KUNNATH, SRI.ABDUL RAOOF PALLIPATH, SRI.PRAJIT RATNAKARAN, SRI.T.NAVEEN, SC, VATAKARA MUNICIPALITY, SRI.ARUNKUMAR A., SC, KSEB, SRI.MOHANAN V.T.K., SRI.B.S.SYAMANTAK, GP
The competent authority must consider the petitioner's representation regarding encroachment on the banks of the Karat river and take appropriate action in accordance with the law.
Headnote:
Encroachment - Karat River - Sections 3, 4, 5 of the Kerala Conservation of Paddy Land and Wetland Act - The court directed the competent authority to consider the petitioner's representation regarding encroachment on the banks of Karat river and take appropriate action in accordance with the law.
Fact of the Case:
The petitioner filed a writ petition seeking the removal of encroachments and illegal construction on the banks of the Karat river, as well as the disconnection of the electricity connection provided to the third respondent.
Finding of the Court:
The court observed that if there are any encroachers, the petitioner is free to submit an appropriate representation before the competent authority, who will consider the same with notice to the petitioner and other affected parties and pass appropriate orders in accordance with the law.
Issues: Whether the encroachments and illegal construction on the banks of the Karat river should be removed, and whether the electricity connection provided to the third respondent should be disconnected.
Ratio Decidendi: The court did not directly address the issues raised in the writ petition, but instead directed the petitioner to submit a representation to the competent authority, who will then consider the matter and pass appropriate orders in accordance with the law.
Final Decision: The writ petition was disposed of with the above observation.
This writ petition is filed seeking the following reliefs:
- “(i) declare that the construction made in the bank of Karat river and the tress pass over the said property is illegal.
- (ii) issue a writ of mandamus or such other writ or directing the 1st respondent to dispossess the trespassers and to remove the filled up portion of the banks of Karat river and to demolish all illegally put structures buildings etc., bearing to restore the ecologically and sensitively fragile karat river in its original position in a time bound manner.
- (iii) declare that the electricity connection (Consumer NO. 1167372009356) provided to the R3 by R2 is illegal and without authority.
- (iv) Issue a writ of mandamus or such other writ or order directing the 2nd respondent to disconnect and dismantle the electricity connection (Consumer NO.
1167372009356) forthwith in the building illegally constructed by the 3rd respondent in the encroached property.
W.P.(C) No.27032 of 2017 (v) grant such other order that this Hon'ble court may deem fit and proper in the facts and circumstances of this case.”[SIC]
2. This Writ petition is pending before this Court from 2017 onwards. The main prayer in this Writ petition is to issue a direction to the 1st respondent to dispossess the encroachers from the banks of Karat river forthwith. Even now, if there are any encroachers, the petitioner is free to submit appropriate representation before the competent authority among the respondents, and if such a representation is received, the competent authority will consider the same with notice to the petitioner and other affected parties and pass appropriate orders in accordance with the law.
With the above observation, this Writ petition is disposed of.
