WP(C) NO. 12230 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 12230 OF 2022
PETITIONER/S:
ANTONY P.V.
AGED 86 YEARS
S/O ANTONY , VARKEY RESIDING AT PULLANTITHUNDATHIL HOUSE,
PUSHPAKANDAM P.O.PALAR, UDUMBANCHOLA TALUK, IDUKKI-685
552, REPRESENTED BY POWER OF ATTORNEY HOLDER DEVASIA
ANTONY, AGED 52 YEARS, S/O ANTONY P.V.RESIDING AT
PULLANITHUNDATHIL HOUSE, PUSHPAKANDAM P.O.PALAR,
UDUMBANCHOLA TALUK, IDUKKI-685 552.
BY ADV S.SUJINI
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
CIVIL STATION, COLLECTORATE, KUYILIMALA, PAINAVU
P.O.IDUKKI-686 603.
2 THE TAHASILDAR,
TALUK OFFICE, UDUMBUMCHOLA, MINI CIVIL STATION,
NEDUNGANDAM P.O.NEDUNGANDAM-685 553.
3 THE SECRETARY,
NEDUMKANDAM GRAMA PANCHAYAT, NEDUNKANDAM P.O.IDUKKI-685
553.
4 THE VILLAGE OFFICER,
PARATHOD VILLAGE, VILLAGE OFFICE, NEDUNKANDAM P.O.IDUKKI-
685 553.
5 VARGHESE ABRAHAM.,
AGED 55 YEARS
S/O ABRAHAM, MOOLAKKARA HOUSE, PALAR, PUSHPAKANDAM
P.O.PALAR, UDUMBANCHOLA TALUK, IDUKKI
BY ADV V.VINAY-R5, SMT.DEEPA NARAYANAN- SR.GP,
SMT.V.H.JASMINE-R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12230 OF 2022 2
P.V.KUNHIKRISHNAN, J
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W.P.(C) No.12230 of 2022
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Dated this the 29th day of June, 2022
JUDGMENT
The above writ petition is filed with following prayers : "A. Issue a writ of Mandamus, or any other appropriate Writ, Order or direction to the 3rd respondent directing to act upon Exhibit P5 Report of the 4th respondent. B. Issue a Writ of Mandamus or any other appropriate Writ, Order or direction to the 1st respondent, to take appropriate measures to close the pond, which is being built illegally on Puramboke Land or in the alternative to build a safety wall around the pond, if it's existence is found necessary, to ensure safety of the pedestrians and passers-by.
C. Issue a Writ of mandamus or any other appropriate Writ, Order or direction to the 2nd and 3rd respondent to immediately take appropriate steps to look into the matter of encroachment by the 5th respondent.
D. Issue a Writ of mandamus or any other appropriate Writ, Order or direction to the respondents 1 to 4 to remove the huge rocks ,filled up sands and other barricades which has altered the flow of the river from it's natural course and restore the same in it's earlier path.
E. Issue a Writ of mandamus or any other appropriate Writ, WP(C) NO. 12230 OF 2022 3 Order or direction to the 1st respondent to immediately consider Exhibit P9 representation in the light of Exhibit P5 Report. F. Grant such other relief as this Hon'ble Court may deem fit and proper in the interests of justice." [SIC]
2. The petitioner is a senior citizen aged 86 years. There is a bridge leading to the petitioner's property from the Nedungandam-Thevaram Muttu PWD Road. Underneath the said bridge, there is river which forms part of the Idukki Project of the Kerala State Electricity Board. It is stated by the petitioner that there is an area of 22 feets of puramboke land where a PWD road and the river flows in parallel. It is the case of the petitioner that the said puramboke land lying close to the PWD road, the 5th respondent has illegally dug a pond of 18 feet in depth having a width of 12 feet for catering to irrigate his agricultural crops. According to the petitioner, the said pond is posing threat to life and peaceful existence of the petitioner and his family. It is not possible to bifurcate the pond and the road, as the said pond is situated half a metre away from the PWD road and to the approach road to the petitioner's property. Ext.P5 report submitted by the Village Officer to the Taluk Office WP(C) NO. 12230 OF 2022 4 clearly depicts the danger posed by the pond's existence. But even then, there is no response from the authorities. Ext.P9 representation is also not considered by the 1st respondent. Hence, this writ petition is filed.
3. Heard the learned counsel for the petitioner and the learned counsel appearing for the Panchayat. I also heard the learned counsel appearing for the 5th respondent and the learned Government Pleader.
4. The main grievance of the petitioner is about the pond which according to the petitioner is situated in a dangerous location. The petitioner is relying Ext.P5 report of the Village Officer. The petitioner also submitted a representation before the 1st respondent. If that is the case, there can be a direction to the 1st respondent to consider the representation in the light of Ext.P5, after giving an opportunity of hearing to the petitioner and the 5th respondent.
Therefore, this writ petition is disposed of with the following directions :
1) The 1st respondent is directed to consider and pass WP(C) NO. 12230 OF 2022 5 appropriate orders in Ext.P9 representation, in the light of the observation in Ext.P5 as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.
2) Before passing final orders, the 1st respondent will give an opportunity of hearing to the petitioner and the 5th respondent.
SD/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 12230 OF 2022 6 APPENDIX OF WP(C) 12230/2022 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOGRAPHIC VISUALS OF THE POND AND THE SURROUNDING AREA Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 14.7.2021 ADDRESSED TO THE 1DST RESPONDENT Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 14.7.2021 ADDRESSED TO THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 14.7.2021 ADDRESSED TO THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF THE REPORT SUBMITTED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT DATED 16.7.2021 Exhibit P6 TRUE COPY OF THE APPLICATION [REFERRED UNDER THE RTI ACT BY THE PETITIONER TO THE 3RD RESPONDENT DATED 2.8.2021 Exhibit P7 TRUE COPY OF THE REPLY GIVEN BY THE 3RD RESPONDENT IN RESPONSE TO THE EXHIBIT P6 RTI APPLICATION DATED 6.8.2021 Exhibit P8 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY CARITHAS HOSPITAL, KOTTAYAM IN RESPECT OF THE PETITIONER Exhibit P9 TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 1ST RESPONDENT DATED 23.3.2022