JUDGMENT

Dated this the 9th day of June, 2020

S.Manikumar, CJ.

Instant public interest writ petition has been filed assailing inaction on the part of respondents 1 to 4, i.e. State of Kerala, represented by the Chief Secretary to Government; Corporation of Cochin, represented by the Secretary; District Collector, Ernakulam; and Tahsildar, Ernakulam, in taking adequate steps to prevent illegal encroachments and reducing the width of Konthuruthy river at the behest of Bhoorahitha Samrakshana Samithi, Perumanoor, Kochi, represented by its Secretary, (respondent No.5). The reliefs sought for in the writ petition are as under:

“i) Issue a writ of mandamus or other appropriate writ, order or direction, directing respondents 1 to 3 to restore Konthuruthy River in its entirety to the width of 48 metres as admitted in Exhibit-P13 statement filed by the 3rd respondent in W.P.(C) No.13927/2012 dated 4.3.2013 in a time bound manner.

ii) Issue a writ of mandamus or other appropriate writ, order or direction, directing respondents 1 to 3 to evict all encroachments carried out over the Konthuruthy River.

iii) Issue a writ in the nature of a declaration, declaring that no part of the Konthuruthy River