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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 30TH DAY OF MAY 2022 / 9TH JYAISHTA, 1944 WP(C) NO. 12427 OF 2022 PETITIONER:
DEVARAJA KURUP AGED 71 YEARS S/O GOPALA PANICKER KAKKANATTU HOUSE, BUDHANNUR PADINJATTUU MURI,ENNAKKAD VILLAGE MANNAR, CHENGANNUR, ALAPPUZHA DISTRICT- 689622.
BY ADVS.
K.S.HARIHARAPUTHRAN BHANU THILAK RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF IRRIGATION, STATE SECRETARIAT THIRUVANANTHAPURAM-695001
2 THE EXECUTIVE ENGINEER MINOR IRRIGATION DEPARTMENT, MAVELIKKARA, ALAPPUZHA DISTRICT- 689121.
3 ASSISTANT EXECUTIVE ENGINEER IRRIGATION SUB-DIVISION, MAVELIKKARA, ALAPPUZHA- 689601.
4 THE ASSISTANT ENGINEER MINOR IRRIGATION DEPARTMENT, CHENGANNUR, ALAPPUZHA DISTRICT-689121. 5 TAHASILDAR TALUK OFFICE, CHENGANNUR, ALAPPUZHA DISTRICT, PIN 689121.
6 BUDHANNUR GRAMA PANCHAYATH ENNAKKAD P.O, CHENGANNUR, ALAPPUZHA DISTRICT-690105, REPRESENTED BY ITS SECRETARY.
BY ADVS.
Harikumar C SANDRA SUNNY(K/926/2020)
ARUN KUMAR M.A(K/1197/2021)
OTHER PRESENT:
SMT K AMMINIKUTTY SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2022, ALONG WITH WP(C).9013/2022, 12180/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 30TH DAY OF MAY 2022 / 9TH JYAISHTA, 1944 WP(C) NO. 9013 OF 2022 PETITIONER:
MATHAI BABY, AGED 84 YEARS S/O. LATE MATHAI, KARUNNYA BHAVAN, ENNAKKAD P.O, GRAMAM, CHENNITHALA VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT, PIN 689 624.
BY ADVS.
P.HARIDAS BIJU HARIHARAN P.C.SHIJIN SHIJIMOL M.MATHEW RISHIKESH HARIDAS RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF IRRIGATION, STATE SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001.
2 DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA, PIN 688 001.
3 CHIEF ENGINEER, OFFICE OF THE CHIEF ENGINEER, IRRIGATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN 695
013.
4 EXECUTIVE ENGINEER, OFFICE OF EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, CHENGANNUR, ALAPPUZHA DISTRICT, PIN 689 121.
5 ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, CHENGANNUR, ALAPPUZHA DISTRICT, PIN 689 121.
6 TAHSILDAR (LAND ACQUISITION) ALAPPPUZHA, TALUK OFFICE, ALAPPUZHA, PIN 688 001.
7 ADDITIONAL TAHSILDAR (LAND RECORDS), TALUK OFFICE, CHENGANNUR, PIN 689121.
8 VILLAGE OFFICER, CHENNITHALA VILLAGE OFFICE, MAVELIKKARA, CHERUKOLE, ALAPPUZHA DISTRICT, PIN 690 104. 9 BUDHANOOR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, BUDHANOOR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, BUDHANOOR P.O, ALAPPUZHA DISTRICT, PIN 689 624
10 MANNAR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY , MANNAR P.O, ALAPPUZHA DISTRICT, PIN 689 622.
BY ADVS.
Harikumar C N.ASHOK KUMAR(K/000262/1989)
SANDRA SUNNY(K/926/2020)
ARUN KUMAR M.A(K/1197/2021)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2022, ALONG WITH WP(C).12427/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 30TH DAY OF MAY 2022 / 9TH JYAISHTA, 1944 WP(C) NO. 12180 OF 2022 PETITIONER:
ACHUTHAN NAIR AGED 86 YEARS S/O.KRISHNA PILLAI, PANAVADUTH VEEDU, PANAVEETATH HOUSE (VEROOR), KUTTAMPEROOR, MANNAR VILLAGE, ALAPPUZHA DISTRICT - 689 622.
BY ADVS.
K.S.HARIHARAPUTHRAN BHANU THILAK RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF IRRIGATION, STATE SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE EXECUTIVE ENGINEER MINOR IRRIGATION DEPARTMENT, MAVELIKKARA, ALAPPUZHA DISTRICT - 689 121.
3 ASSISTANT EXECUTIVE ENGINEER IRRIGATION SUB-DIVISION, MAVELIKKARA, ALAPPUZHA -
689 601.
4 THE ASSISTANT ENGINEER MINOR IRRIGATION DEPARTMENT, CHENGANNUR, ALAPPUZHA DISTRICT - 689 121.
5 TAHASILDAR TALUK OFFICE, CHENGANNUR, ALAPPUZHA DISTRICT - 689
121.
6 BUDHANNUR GRAMA PANCHAYATH ENNAKKAD P.O., CHENGANNUR, ALAPPUZHA DISTRICT - 690
105, REPRESENTED BY ITS SECRETARY.
BY ADVS.
Harikumar C N.ASHOK KUMAR(K/000262/1989)
SANDRA SUNNY(K/926/2020)
ARUN KUMAR M.A(K/1197/2021)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2022, ALONG WITH WP(C).12427/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 30TH DAY OF MAY 2022 / 9TH JYAISHTA, 1944 WP(C) NO. 12337 OF 2022 PETITIONER:
M.V.DANIEL AGED 71 YEARS S/O VARGHESE, MANABRATH KADAVIL, KUTTAMPEROOR, MANNAR VILLAGE, ALAPPUZHA DISTRICT- 689622 BY ADVS.
K.S.HARIHARAPUTHRAN BHANU THILAK RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF IRRIGATION, STATE SECRETARIAT THIRUVANANTHAPURAM-695001
2 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT, MAVELIKKARA, ALAPPUZHA DISTRICT-689121
3 ASSISTANT EXECUTIVE ENGINEER, IRRIGATION SUB-DIVISION, MAVELIKKARA, ALAPPUZHA
4 THE ASSISTANT ENGINEER, MINOR IRRIGATION DEPARTMENT, CHENGANNUR, ALAPPUZHA DISTRICT- 689121 5 TAHASILDAR TALUK OFFICE, CHENGANNUR, ALAPPUZHA DISTRICT689121
6 BUDHANNUR GRAMA PANCHAYATH ENNAKKAD P.O, CHENGANNUR, ALAPPUZHA DISTRICT-690105, REPRESENTED BY ITS SECRETARY BY ADVS.
Harikumar C N.ASHOK KUMAR(K/000262/1989)
SANDRA SUNNY(K/926/2020)
ARUN KUMAR M.A(K/1197/2021)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2022, ALONG WITH WP(C).12427/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 30TH DAY OF MAY 2022 / 9TH JYAISHTA, 1944 WP(C) NO. 12367 OF 2022 PETITIONER:
VASUDEVAN NAIR AGED 79 YEARS S/O KRISHNA PILLAI, PANAVADUTH VEEDU, PANAVETTATH HOUSE (VEROOR), KUTTAMPEROOR, MANNAR VILLAGE, ALAPPUZHA DISTRICT- 689622 BY ADVS.
K.S.HARIHARAPUTHRAN BHANU THILAK RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF IRRIGATION, STATE SECRETARIAT THIRUVANANTHAPURAM-695001
2 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT, MAVELIKKARA, ALAPPUZHA DISTRICT-68912
3 ASSISTANT EXECUTIVE ENGINEER, IRRIGATION SUB-DIVISION, MAVELIKKARA, ALAPPUZHA
4 THE ASSISTANT ENGINEER, MINOR IRRIGATION DEPARTMENT, CHENGANNUR, ALAPPUZHA DISTRICT- 689121
5 TAHASILDAR, TALUK OFFICE, CHENGANNUR, ALAPPUZHA DISTRICTPIN
689121.
6 BUDHANNUR GRAMA PANCHAYATH , ENNAKKAD P.O, CHENGANNUR, ALAPPUZHA DISTRICT-
690105, REPRESENTED BY ITS SECRETARY BY ADVS.
Harikumar C N.ASHOK KUMAR(K/000262/1989)
SANDRA SUNNY(K/926/2020)
ARUN KUMAR M.A(K/1197/2021)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2022, ALONG WITH WP(C).12427/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioners in these cases – which have been heard together on account of the analogous factual circumstances presented and the similarity of the reliefs sought for - are stated to be persons owning properties on the side of a Kuttamperoor River. They allege that, under the guise of rejuvenating the river, illegal action has now been initiated by the Authorities, without even conducting any survey, to forcibly take over their properties; and therefore, they have been constrained to approach this Court.
2. The afore submissions made on behalf of the petitioners by their learned counsel – Shri.K.S.Hariharaputhran, were vehemently refuted by the learned Senior Government Pleader – Smt.K.Amminikutty, saying that even though a survey was earlier conducted and a survey sketch settled, on account of various objections raised and because of the discrepancies pointed out, a further team has been now constituted by the competent Authority, who will conduct a fresh survey, after affording necessary opportunities of being heard to the petitioners. She submitted that, therefore, the allegation of the petitioners, that survey was not conducted and the properties were tried to be taken over forcibly from the petitioners, are without basis and that what has been done is only to account for those areas which have been encroached into by them and others. She added that the work of rejuvenation of the Kuttamperoor River is imperative and is being done under the orders of Courts and therefore, any interdiction to the same will cause public prejudice.
3. Sri.C.Harikumar – learned Standing Counsel for the Panchayat, affirmed that no action in violation of law will ever be taken forward and that they will co-operate with the competent Authorities in conducting a survey, if so required, and also for removal of obstructions from the river, as is warranted.
4. It is clear from the afore dialectical positions that, as of now, a new team has been constituted by the Deputy Director of Survey for the purpose of measurement and demarcation of the boundaries of the Kuttamperoor River. Certainly, this will have to be done with notice to the petitioners and such other persons whose properties are also involved. If this is done, their apprehensions will be allayed, if not fully, at least to a substantial extent.
I am, therefore, of the firm view that it would not require this Court to keep these writ petitions pending on account of the afore developments. Resultantly, I order these writ petitions in the following manner:
(a) The competent Authority will ensure that a proper survey of the Kuttamperoor River is conducted, leading to its boundaries and attributes being properly identified and demarcated, which shall be done with apposite notices to the petitioners and such other persons who may be interested.
(b) On the survey being so conducted, which shall be done as expeditiously as is possible, the petitioners will be given a copy of the survey sketch and report; and thereafter, necessary action to remove all encroachments/obstructions, will be taken forward by the competent Authority, following due procedure.
(c) Until such time as the exercise as ordered above (a) is completed and the report communicated to the petitioners, status quo with respect to their properties shall be maintained by both sides, without any alteration of its lie or nature being attempted in the meanwhile. It goes without saying that the directions in the judgment are confined to the properties of the petitioners and the area where they are situated; and, therefore, any other work with respect to other areas of Kuttamperoor River can be taken forward by the Authorities.
At this time, the learned Senior Government Pleader intervened to say that as far as the area involved in W.P. (C)No.12180/2022 and W.P.(C)No.12367/2022 is concerned, the work is alredy over; and as regards the one involved in W.P. (C)No.12337/2022, the petitioners have given their consent for the work being compl
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