IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 18338 OF 2022
PETITIONERS:
1 PRASANNAN,
AGED 64 YEARS
S/O. SADASIVAN, ANANDA SADANAM, CHERUKOL P.O,
CHENNITHALA VILLAGE, ALAPPUZHA DISTRICT.
2 PRASAD,
AGED 57 YEARS
S/O. SADASIVAN, ANANDA SADANAM, CHERUKOL P.O,
CHENNITHALA VILLAGE, ALAPPUZHA DISTRICT.
BY ADV K.S.HARIHARAPUTHRAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY,
EPARTMENT OF IRRIGATION, STATE SECRETARIAT,
THIRUVANANTHAPURAM- 695 001.
2 THE EXECUTIVE ENGINEER,
MINOR IRRIGATION DEPARTMENT, MAVELIKKARA,
ALAPPUZHA DISTRICT -689 121.
3 ASSISTANT EXECUTIVE ENGINEER,
IRRIGATION SUB- DIVISION, MAVELIKKARA,
ALAPPUZHA -689121.
4 THE ASSISTANT ENGINEER,
MINOR IRRIGATION DEPARTMENT, CHENGANNUR,
ALAPPUZHA DISTRICT -689 121.
5 TAHASILDAR ,
TALUK OFFICE, CHENGANNUR, ALAPPUZHA,
DISTRICT- 689 121.
WP(C) NO. 18338 OF 2022
2
6 BUDHANNUR GRAMA PANCHAYATH,
ENNAKKAD P.O, CHENGANNUR,
ALAPPUZHA DISTRICT -690105, REPRESENTED BY ITS
SECRETARY.
SRI.CYRIAC KURIAN, SPL GP FOR IRRIGATION.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 18338 OF 2022
3
JUDGMENT
When the case is taken up today, the counsel placed before me a judgment of this Court in W.P.(C) No.2037 of 2022 and connected case, which was rendered in similar circumstances.
2. I have gone through the judgment referred above and find that the writ petitioners are seeking for the same reliefs.
In such circumstances, I do not find any reason to take a different view than what has been taken in the judgment referred above. This writ petition is hence ordered in the same manner in which the earlier judgment had been ordered with the following directions:
(a) The competent authority will ensure that a proper survey of Kuttamperoor River is conducted and its boundaries and attributes identified and demarcated, which shall be done with notice to the petitioners and such other persons who may be interested.
(b) The petitioners will be given a copy of the survey WP(C) NO. 18338 OF 2022 4 sketch and the report. Thereafter, necessary action shall be initiated to remove all encroachments/obstructions in accordance with law.
(c) The status quo with respect to the properties of the petitioners shall be maintained by both sides, without any alteration of its lie or nature, till the exercise directed in (a) and (b) above are completed.
Sd/-
T.R.RAVI JUDGE mpm WP(C) NO. 18338 OF 2022 5 APPENDIX OF WP(C) 18338/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO. 1601, DATED 04.11.1993 OF SRO MANNAR.
Exhibit P2 TRUE COPY OF BASIC TAX RECEIPT DATED 26.04.2022 ISSUED BY THE VILLAGE OFFICE, CHENNITHALA, TO THE 1ST PETITIONER. Exhibit P3 TRUE COPY OF BASIC TAX RECEIPT DATED 26.04.2022 , ISSUED BY THE VILLAGE OFFICE CHENNITHALA, TO THE 2ND PETITIONER.