A. Abdul Rahman vs The Executive Engineer
2021 Latest Caselaw 17196 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
  FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
                     WP(C) NO. 16691 OF 2020
PETITIONER:

         A. ABDUL RAHMAN,
         AGED 61 YEARS
         S/O.VEERAN, AMBADATH HOUSE, PALLIKUNNU P.O.,
         KUMARAMPUTHUR, MANNARKKAD, PALAKKAD.
         BY ADVS.
         B.S.SWATHI KUMAR
         SMT.ANITHA RAVINDRAN
         SRI.HARISANKAR N UNNI
         SMT.P.S.BHAGYA SURABHI


RESPONDENTS:

    1    THE EXECUTIVE ENGINEER,
         MINOR IRRIGATION DIVISION, PALAKKAD-678001.
    2    KUMARAMPUTHUR GRAMA PANCHAYATH,
         KUMARAMPUTHUR, PALAKKAD-678583,
         REPRESENTED BY ITS SECRETARY.
    3    THE AGRICULTURAL OFFICER,
         AGRICULTURAL OFFICE, KRISHI BHAVAN, KUMARAMPUTHUR,
         MANNARKKAD COLLEGE P.O., PALAKKAD-678583.
    4    P.ASHAREF,
         GOVERNMENT CONTRACTOR, PULIKKAL HOUSE,
         MANNARKKAD COLLEGE P.O., PALAKKAD-678583.
 *ADDL.5 THE DISTRICT COLLECTOR
         COLLECTORATE, PALAKKAD-678001.
         (ADDL.R5 IMPLEADED AS PER ORDER DATED 22-01-2021
         IN I.A. 1/2020 IN WP(C) 16691/2020).
 W.P.(C)No.16691 of 2020
                                  :-2-:

  *ADDL.6 KOTTOPPADAM GRAMA PANCHAYATH
          AYIROOR P.O., MANNARKKAD, PALAKKAD-678 583
          REPRESENTED BY ITS SECRETARY.
                (ADDL.R6 IMPLEADED AS PER ORDER DATED 15-07-2021
                IN IA 1/2021 IN WP(C)16691/2020).
                BY ADVS.
                GOVERNMENT PLEADER
                SRI.M.MUHAMMED SHAFI
                SMT. RASHMI.K.M., GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C)No.16691 of 2020
                                       :-3-:

                      Dated this the 13th day of August, 2021


                                JUDGMENT

On 15.07.2021, this Court had directed the Revenue Division

Officer to have a meeting of the parties and arrive at a solution for the

issue regarding the construction of the side wall of the thodu and

preventing further erosion of soil. A report of the meeting was also

directed to be placed before this Court. The Sub Collector has made

available the report. As per the report, it is stated that the petitioner

has submitted an application to relinquish 6.57 cents in Survey

No.92/8 of Payyanadam village for the purpose of construction of the

side wall. This relinquishment is made on the basis of the finding on a

joint verification that for the construction of the side wall, more land

would be required. It is submitted that the relinquishment procedures

are on the way and as soon as the relinquishment procedures are

over, the site can be handed over for proceeding with the further work.

The Government Pleader on instruction submits that since the

relinquishment procedures were likely to take time, an outer limit of six

months may be granted for completion of the entire project. W.P.(C)No.16691 of 2020 :-4-:

In the above circumstances, this writ petition is disposed of

directing the first respondent to take necessary steps to commence

the work as soon as the property is handed over on relinquishment

and complete the work at the earliest at any rate within a period of six

months from the date of receipt of copy of this judgment.

All pending interlocutory applications are closed.

Sd/-

T.R.RAVI, JUDGE ami/ W.P.(C)No.16691 of 2020 :-5-:

APPENDIX OF WP(C) 16691/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LETTER NO.KMR13/2018-

2019 DATED 21.1.2019 OF THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE DATED 11.9.2018 OF THE VILLAGE OFFICER, PAYYANEDAM VILLAGE.

EXHIBIT P3 TRUE COPY OF THE REQUEST NO.A1.108/18 DATED 7.9.2018 OF THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE AGREEMENT NO.AEE/06/MI/2019-20 DATED 30.7.2019. EXHIBIT P5 TRUE COPY OF THE AGREEMENT SCHEDULE IN AGREEMENT NO.AEE/06/MI/2019-20 DATED 30.7.2019.

RESPONDENT EXHIBITS EXHIBIT R1(a) TRUE COPY OF THE DECLARATION AND SKETCH OF VILLAGE OFFICER, PAYYANEDAM DATED 18.09.2018.

EXHIBIT R1(b) TRUE COPY OF THE RESOLUTION DATED 30.08.2018.

EXHIBIT R1(c) TRUE COPY OF THE AGREEMENT DATED 30.07.2019.

EXHIBIT R1(d) TRUE COPY OF THE REQUEST OF THE CONTRACTOR DATED 18.01.2020.

EXHIBIT R1(e) TRUE COPY OF THE DEMARCATION BY THE TALUK SURVEYOR, TALUK OFFICE, MANNARKKAD.

EXHIBIT R1(f) TRUE COPY OF THE LETTER BY THE CONTRACTOR.

W.P.(C)No.16691 of 2020 :-6-:

EXHIBIT R1(g) TRUE COPY OF THE REQUEST BY THE AGRICULTURAL OFFICER, KRISHIBHAVAN, KUMARAMPUTHUR DATED 21.01.2019.