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2026 Supreme(Online)(Ker) 22910

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Soumen Sen, CJ, Syam Kumar V.M., J
Mumthas – Appellant
Versus
Executive Engineer of Minor Irrigation, Malappuram Division – Respondent


Advocates:
For the Appellants/Petitioners: Shri Rafeeq V.K., Smt. C.S. Sulekha Beevi, Smt. O.A. Nuriya, Sri. Shahim Bin Aziz, Shri Mohammed Shafi.K, Shri K C Mohamed Rashid, Shri Abdul Rahoof P.M., Smt. Farsana A.S., Shri Muhammed Shafi K.
For the Respondents: Sri D. Kishore, Sri Babu S. Nair, Smt. Meera Gopinath, Sri R. Muraleekrishnan (Malakkara)

Table of Content
1. disclosure of technical assessments by the respondents. (Para 4)
2. limited scope for judicial review on technical evaluations. (Para 5 , 6 , 7)
3. final decision dismissing the writ petition with directives. (Para 8 , 9)

JUDGMENT Syam Kumar V.M.,J.

This writ petition is filed by the petitioners, inter alia, for a writ of mandamus directing the respondents to stop the sand and silt removal in the upstream and downstream areas of the Moothikayam Regulator cum Bridge (RCB) across the Thoothapuzha, and seeking ancillary reliefs. 2. Placing reliance on Ext P6, a letter issued by the Executive Engineer dated 17.07.2025, wherein the Executive Engineer has suggested the constitution of a technical committee to conduct a technical inspection regarding the allegations of defects in the construction of the RCB, it is submitted on behalf of the petitioners that the said letter confirms the apprehensions raised by them in the W.P.(PIL) thus necessitating issuance of directions as sought for. The statements in Ext. P6 letter, especially regarding the necessity to identify the Temporary Bench Mark (TBM) used for calculating the Maximum Flood Level, and the fact that the TBM record

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