IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2015/1ST ASWINA, 1937

WP(C).No. 26246 of 2015 (E)

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PETITIONER:

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M/S.KARIMPANAL ARCADE OWNER'S

WELFARE ASSOCIATION,

EAST FORT, THIRUVANANTHAPURAM,

REPRESENTED BY ITS SECRETARY, M.K.KUMARAN.

BY ADVS.SRI.JOHN JOSEPH VETTIKAD

SRI.C.JOSEPH JOHNY

RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY ITS

CHIEF SECRETARY TO GOVERNMENT,

GOVERNMENT SECRETARIAT,

THIRUVANANTHAPURAM, PIN-695001.

2. THE DISTRICT COLLECTOR,

COLLECTORATE, VANCHIYOOR,

THIRUVANANTHAPURAM-695035.

3. THE ADDITIONAL DISTRICT MAGISTRATE,

COLLECTORATE, VANCHIYOOR,

THIRUVANANTHAPURAM-695035.

BY SENIOR GOVERNMENT PLEADER SRI.C.S.MANILAL

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 16-09-2015 ALONG WITH WPC. 26377/2015 & 28130/2015,

THE COURT ON 23-09-2015 DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 26246 of 2015 (E)

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APPENDIX

PETITIONERS' EXHIBITS:

EXT.P1 :

THE TRUE COPY OF THE BASIC TAX RECEIPT ISSUED IN THE NAME

OF THE OWNERS OF THE PROPERTY FOR THE YEAR 2015.

EXT.P2 :

FOUR PHOTOGRAPHS SHOWING THE ERECTION OF THE WIRED

FENCING WITHIN THE COMPOUND OF THE PETITIONER'S PROPERTY

ALONG WITH DATE AND TIME OF THE PHOTOGRAPH.

EXT.P3 :

THE TRUE COPY OF THANDAPER ACCOUNT IN RESPECT OF THE

PROPERTIES IN THE POSSESSION OF THE PETITIONER.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY//

P.S. TO JUDGE

mbr/

“C.R.”

A.MUHAMED MUSTAQUE, J.

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W.P.(C).Nos.26246/2015, 26377/2015 & 28130/2015

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Dated this the 23^{rd Day of September, 2015}

J U D G M E N T

These writ petitions are filed questioning the proceedings initiated

under the provisions of the Disaster Management Act 2005 (hereinafter

referred to as the “DM Act”). Since common questions of law are involved

in all these cases, these writ petitions are disposed of by a common

judgment.

FACTS:

2.

W.P.(C).No. 26377/2015:

2.i.

The petitioner claims ownership of a land in Survey

No.560/364 of Vanchiyoor Village in Thiruvananthapuram Taluk,

Thiruvananthapuram District. He has been served with a notice under

Section 34(k) of the DM Act. Ext.P8 is the said notice. The notice directs

him to show cause against proposed demolition and removal of the

structures and buildings belonging to him. It is stated in the notice that the

petitioner had constructed a building above the underground arched

W.P.(C).Nos.26246/2015, 26377/2015 & 28130/2015

-:2:-

conduit portion of the Thekkenekara Canal situated in Survey No.560/364.

The notice was issued by the District Collector in the capacity as the

Chairman of the District Disaster Management Authority,

Thiruvananthapuram. On receipt of notice, the petitioner raised objections

before the Revenue Minister as per Ext.P11. In the objection, the petitioner

has stated that the land referred above belonged to the Maharaja of

Travancore and it is a private property and thereafter, by transfer of land, it

now belongs to the petitioner. The petitioner also pointed out that there is

no obstruction in the flow of water through the canal. It appears that the

petitioner's objection was referred to the District Collector and the District

Collector directed the Tahsildar to report about the factual aspects raised in

the objection. In Ext.P11 the petitioner has also highlighted allegations that

certain Ministers are inimical to him and the notice was issued based on

the enmity towards him. Ext.P12 is the Tahsildar's report. In the report of

the Tahsildar, it is stated that it is necessary to demolish the structures over

the canal so as to prevent any impending disaster. The Tahsildar in his

report answered the objections raised by the petitioner. The petitioner,