WP(C).386/2021(S) -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
WP(C).No.386 OF 2021(S)
PETITIONER/S:
1 KAYAMKULAM CANAL PROTECTION COUNCIL
REPRESENTED BY ITS SECRETARY DEEPTHI KUMAR, AGED 60
YEARS, SON OF VELAPPAN PILLAI, KAYAMKULAM P.O.,
ALAPPUZHA DISTRICT-690 502, RESIDING AT KARACKATTU
HOUSE, CHIRAKKADAVAM P.O., KAYAMKULAM, ALAPPUZHA
DISTRICT-690 502.
2 NIZAMUDHEEN,
AGED 59 YEARS
SON OF HASSAN KUNJU, PRESIDENT, KAYAMKULAM CANAL
PROTECTION COUNCIL, KAYAMKULAM P.O., ALAPPUZHA
DISTRICT-690 502, RESIDING AT PERUMBALATH HOUSE,
CHIRAKKADAVAM P.O., KAYAMKULAM, ALAPPUZHA DISTRICT-
690 502.
BY ADVS.
SMT.ANILA UMESH
SHRI.ADIL.M.H
SRI.TPM.IBRAHIM KHAN (SR.)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE ASSISTANT EXECUTIVE ENGINEER,
MINOR IRRIGATION SUB DIVISION, HARIPAD P.O.,
ALAPPUZHA DISTRICT-690 514.
WP(C).386/2021(S) -2-
3 KAYAMKULAM MUNICIPALITY,
REPRESENTED BY THE SECRETARY, MUNICIPAL OFFICE,
KAYAMKULAM, ALAPPUZHA DISTRICT-690 502.
4 THE DISTRICT COLLECTOR,
1ST FLOOR, COLLECTORATE, CIVIL STATION, ALAPPUZHA-
688 001.
5 SHUKKUR,
SHIFANA MANZIL, CHERAVALLY P.O., KAYAMKULAM,
ALAPPUZHA DISTRICT-690 502.
OTHER PRESENT:
SRI. ARAVIND KUMAR BABU, SR GP FOR R1, R2 AND R4,
SRI. T.R.RAJAN, SC FOR R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).386/2021(S) -3-
JUDGMENT
Dated this the 7th day of January, 2021 S. Manikumar, CJ Kayamkulam Canal Protection Council, Alappuzha, represented by its Secretary, and one Mr. Nizamudheen, claiming to be the President of the said Council, have filed the instant Public Interest Litigation, seeking to call for the records leading to Exhibits-P1 to P8; to issue a writ of mandamus directing the respondents 1 to 4, to take appropriate action on the 5th respondent; prevent the illegal construction above the Inchackal Thodu, causing great health hazardous to the people of the locality; and to demolish the illegal construction already done.
2. Petitioners have also sought for a writ of certiorari to quash all the steps taken by the Municipality and Irrigation Department, directly or indirectly, to grant permission to the 5th respondent, to proceed with the illegal construction on the Inchackal Thodu.
3. We have heard Mr. T. P. M. Ibrahim Khan, learned Senior Counsel appearing for the petitioners, on the pleadings and the prayers stated supra.
4. This Court, in the judgment in W.P.(C) No.11686 of 2020 dated 19.06.2020, held that writ petition by an unregistered body is not WP(C).386/2021(S) -4-
maintainable much less, a Public Interest Litigation. First petitioner is not a registered body.
5. Though, initially we thought it fit to consider the prayers sought for, with reference to the averments and documents, perusal of the material on record discloses that the affidavit required to be filed under Section 74 of the High Court Act is sworn to by Mrs. Deepthi Kumar, Secretary of Kayamkulam Canal Protection Council, Alappuzha, as stated supra, is not a registered body. That apart, the affidavit is not signed by the 2nd petitioner.
In the light of the above, the instant writ petition filed as a Public Interest Litigation does not satisfy the requirements of the statutory provisions. Hence, the writ petition is dismissed.
Sd/-
S. MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P. CHALY JUDGE Eb ///TRUE COPY/// P. A. TO JUDGE WP(C).386/2021(S) -5-
APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE REPRESENTATION DATED 30.09.2020 SUBMITTED BY THE PETITIONERS AND OTHER PERSONS BEFORE THE 4TH RESPONDENT DISTRICT COLLECTOR ALONG WITH ITS ENGLISH TRANSLATION. EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION DATED 11.10.2020 SUBMITTED BY THE PETITIONERS NO.1 AND THE LOCAL INHABITANCE ALONG WITH TIS ENGLISH TRANSLATION.
EXHIBIT P3 A TUE COPY OF THE LETTER NO.DCALP/8726/2020-C-12 DATED 15.10.2020 ISSUED BY THE 4TH RESPONDENT DISTRICT COLLECTOR UNDER THE RIGHT TO INFORMATION ACT ADDRESSED TO THE TAHSILDAR (LAND RECORDS), KARTHIKAPPALLY TALUK AND THE SECRETARY OF KAYAMKULAM MUNICIPALITY ALONG WITH ITS ENGLISH TRANSLATION.
EXHIBIT P4 A TRUE COPY OF THE NEWSPAPER REPORT ON THE AGITATION IN THE LOCALITY APPEARED IN CHANDIRKA DAILY DATED 12.10.2020 ALONG WITH IT ENGLISH TRANSLATION. EXHIBIT P4 A A TRUE COPY OF THE NEWSPAPER REPORT ON THE AGITATION IN THE LOCALITY APPEARED IN MALAYALA MANORAMA DAILY DATED 12.10.2020 ALONG WITH ITS ENGLISH TRANSLATION.
EXHIBIT P5 A TRUE COPY OF THE REPLY LETTER NO.PW1/G2/18895/20 DATED09.12.2020 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, KAYAMKULAM MUNICIPALITY ADDRESSED TO THE SECOND RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION.
WP(C).386/2021(S) -6-
EXHIBIT P6 A TRUE COPY OF THE STOP MEMO WITH
NOTICE NO.PW1 14677/2020 DATED
11.10.2020 ALONG WITH ITS ENGLISH TRANSLATION.
EXHIBIT P6 A A TRUE COPY OF THE NOTICE NO.PW1-
14677/2020 DATED 10.10.2020 ALONG WITH ITS ENGLISH TRANSLATION.
EXHIBIT P7 A TRUE COPY OF THE PHOTOGRAPH SHOWING THE UNAUTHORIZED CONSTRUCTION ALREADY COMPLETED BY THE 5TH RESPONDENT IN CONNIVANCE WITH THE MUNICIPALITY. EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE LOCAL INHABITANCE INCLUDING THE FIRST PETITIONER BEFORE THE 4TH RESPONDENT DISTRICT COLLECTOR ALONG WITH ITS ENGLISH TRANSLATION.