Anzarudeen vs The Chief Executive Officer
2021 Latest Caselaw 4893 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

                       WP(C).No.2848 OF 2021(E)


PETITIONER:

               ANZARUDEEN
               AGED 51 YEARS
               S/O HANEEFA,
               RESIDING AT MANPURAM VILLA, KOLLAMKAVU, KARIPOOR
               VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM.

               BY ADV. SMT.M.HEMALATHA

RESPONDENTS:

       1       THE CHIEF EXECUTIVE OFFICER
               DEPUTY COLLECTOR AND DISASTER MANAGEMENT, AUTHORITY
               (DISASTER MANAGEMENT), THIRUVANANTHAPURAM-695005.

       2       THE EXECUTIVE ENGINEER
               MINOR IRRIGATION OFFICE,
               PUBLIC OFFICE, MUSEUM, THIRUVANANTHAPURAM-695033.

       3       THE ASSISTANT ENGINEER
               MINOR IRRIGATION OFFICE, KATTAKKADA,
               THIRUVANANTHAPURAM-695572.

       4       THE VITHURA GRAMA PANCHAYATH
               VITHURA P O, THIRUVANANTHAPURAM, REPRESENTED BY ITS
               SECRETARY, PIN-695551.



               SMT.VINITHA.B, GP,SRI.R.B.RAJESH,SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION         ON
10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2848 OF 2021(E)

                                     2


                               JUDGMENT

Dated this the 10th day of February 2021

This writ petition was filed seeking the following

reliefs:-

" i) To call for the records leading to Exhibit-P10 and issue a writ of certiorari or any other appropriate writ, order or direction quashing Exhibit-P10 order as not sustainable in law;

ii) To stay further proceedings in pursuance to Exhibit-P10 order including demolition of the alleged check dam;

iii) To grant such other reliefs which this Honourable court may deem fit and proper in the facts and circumstances of this case."

2. The main ground on which the impugned order -

Ext.P10 was passed is that the petitioner has not

obtained permission from the Irrigation Department and

the construction of check dam is in violation of the

provisions contained in Section 5 of the Kerala

Irrigation and Water Conservation Act, 2003. Though the

petitioner has got a case that, what is being undertaken

in his property is cultivation, It is seen that the

petitioner has not obtained permission from the

Irrigation Department.

WP(C).No.2848 OF 2021(E)

3. Heard Adv.Smt.M.Hemalatha, the learned counsel

for the petitioner and the learned Government Pleader.

4. Though the petitioner has produced Ext.P8, the

learned Government Pleader submits that the said

application has not been received in the office of the

2nd respondent.

Therefore, the petitioner would be free to approach

the 2nd respondent with a fresh petition and on receipt

of the same, the 2nd respondent shall pass appropriate

orders in accordance with law after affording an

opportunity of hearing to the petitioner, with notice to

the Panchayath and other persons, who are likely to be

affected, within a period of two months. Status quo

shall continue till then.

The writ petition is accordingly disposed of.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.2848 OF 2021(E)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PHOTOS OF THE PROPERTY.

EXHIBIT P2 TRUE COPY OF THE ACQUA CULTURE LICENSE CERTIFICATE ISSUED BY THE DEPUTY DIRECTOR OF FISHERIES (ZONAL) THIRUVANANTHAPURAM DATED 04.06.2018.

EXHIBIT P3 TRUE COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF THE SAME DATED 04.06.2018 ISSUED BY THE DEPUTY DIRECTOR OF FISHERIES(ZONAL) THIRUVANANTHAPURAM.

EXHIBIT P4 TRUE COPY OF THE SAKSHYAPATHRAM ISSUED BY THE DEPUTY DIRECTOR(REGION) FISHERIES DEPARTMENT DATED 04.06.2018.

EXHIBIT P5 TRUE COPY OF THE PHOTOS FROM THE VARIOUS PORTIONS OF THE PROTECTION WALL.

EXHIBIT P6 TRUE COPY OF THE COMMUNICATION FROM THE 4TH RESPONDENT SECRETARY, VITHURA GRAMA PANCHAYATH DATED 26.07.2018.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 13.12.2018 IN WPC NO. 35055 OF 2018.

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 18/01/2019.

EXHIBIT P9 TRUE COPY OF THE REPORT OF THE TAHSILDAR, NEDUMANGAD DATED 06.02.2019.

EXHIBIT P10 TRUE COPY OF THE ORDER DATED 31.10.2020.

EXHIBIT P11 TRUE COPY OF THE RELEVANT RULES.

EXHIBIT P12 TRUE COPY OF THE REMINDER DATED 15.01.2021.

EXHIBIT P12(A) TRUE COPY OF THE POSTAL RECEIPT DATED 16.01.2021.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE