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2026 Supreme(Online)(Ker) 6237

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
A.ABDUL RAHMAN – Appellant
Versus
THE EXECUTIVE ENGINEER MINOR IRRIIGATION DIVISION, COLLEGE ROAD, PALAKKAD – Respondent


Advocates:
For the Appellants/Petitioners: SRI.B.S.SWATHI KUMAR, SRI.HARISANKAR N UNNI, SMT.ANITHA RAVINDRAN, SMT.K.MINI MOLE, SMT.NILEENA V.P., SMT.AISWARYA R., SMT.AJMI M SHAJI
For the Respondents: SRI. DHEERAJ A.S., SMT.ANITHA RAVINDRAN, SC, SRI.MUHAMMED SHAFI, SC

JUDGMENT

The writ petition was filed seeking the following reliefs :- (i) declare that the respondents are legally and statutorily bound to construct the side wall forthwith especially in view of the fact that day by day the soil erosion continues ;

(ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding and compelling the respondents to complete the construction of the Ariyoor Thodu on the side of the petitioners property;

2. The writ petition was filed alleging inordinate delay in the construction of a side protection wall.

3. The learned Government Pleader, upon instructions submitted that the work titled “GENERAL – Side Protection Modamthodu – Repairs of Thodu Bund for Ariyoorthodu at Modamthodu in Kumaramputhur Grama Panchayath, Palakkad District” has commenced with the site handed over to the contractor on 07.06.2025. It was also submitted that though the work was not completed within the stipulated period of six months due to persistent high water level in the thodu, the completion period was extended till 20.1.2026 and again to 06.03.2026. Thereafter due to local festival, the work could not be started until last week. The learned Government

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