Moosakutty vs State Of Kerala
2021 Latest Caselaw 1752 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

     THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                &

         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

 MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

                   WP(C).No.12360 OF 2017(S)


PETITIONER:

              MOOSAKUTTY, S/O. USSANAR,
              KOMATHPARAMBIL, VAVULLIAPURAM,
              ALATHUR TALUK, PALAKKAD DISTRICT

              BY ADVS.
              SRI.G.HARIHARAN
              SRI.PRAVEEN.H.

RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY THE PRINCIPAL SECRETARY TO
              GOVERNMENT, IRRIGATION DEPARTMENT,
              SECRETARIAT, THIRUVANANTHAPURAM-695 001.

     2        PRINCIPAL SECRETARY TO GOVERNMENT
              FINANCE DEPARTMENT, SECRETARIAT,
              THIRUVANANTHAPURAM -695 001.

     3        DISTRICT COLLECTOR
              PALAKKAD DISTRICT -678 001.

     4        EXECUTIVE ENGINEER PWD
              IRRIGATION DEPARTMENT, PALAKKAD - 678 001.

     5        TAHASILDAR, PALAKKAD - 678 001.


     6        TAHASILDAR CHITTUR
              PALAKKAD, DISTRICT - 678 101.
   W.P(C).12360/2017
                              2

      7       TAHASILDAR
              ALATHUR, PALAKKAD DISTRICT-678541

      8       TAHASILDAR
              MANNARKKAD,PALAKKAD DISTRICT-678582

      9       SENIOR GEOLOGIST
              DEPT. OF MINING AND GEOLOGY,
              DISTRICT OFFICE, PALAKKAD - 678001



              SRI. ARAVINDA KUMAR BABU, SR. GOVT. PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP              FOR
ADMISSION ON 18.01.2021, THE COURT ON THE SAME              DAY
DELIVERED THE FOLLOWING:
    W.P(C).12360/2017
                                     3



                               JUDGMENT

Dated this the 18th day of January, 2021

S. Manikumar, CJ.

Petitioner has sought for a mandamus directing the Principal

Secretary to the Government, Irrigation Department/respondent No.1 to

consider and take action on Ext.P2 representation.

2. He has also sought for a direction to the Principal Secretary to

Government Finance Department/respondent No.2 to consider Ext.P3

representation.

3. Ext.P2 and P3 are representations dated 23.3.2017 submitted

by the petitioner, to respondents 1 and 2, which is extracted hereunder:

"REQUEST FOR CONSIDERATION OF REMOVAL OF SLUSH / CLAY / SAND STORED IN VARIOUS DAMS IN PALAKKAD DISTRICT TO PROVIDE BETTER STORAGE FACILITIES OF WATER AND TO BOOST REVENUE

1. The petitioner herein is a public spirited person and a social worker. He is aggrieved by the severe drought conditions prevailing in Palakkad District due to acute summer and shortage of rainfall during the last monsoon season.

2. The erstwhile rulers of Madras Presidency had the far sightedness to plan construction of various dams in Palakkad District during the post indepence period before the formation of Kerala State. There are about 7 or more irrigation dams in Palakkad District namely, Malampuzha W.P(C).12360/2017

Dam, Walayar Dam, Kanjirapuzha Dam, Mangalam Dam, Meenkara Darn, Chulliar Dam, Pothundi Dam and the Moolathara Dam, which have come into existence after the formation of Kerala State.

3. The water stored in all the dams referred above are mainly used for irrigation purposes and also for providing drinking water to the people in the district of Palakkad. The slush and sand stored in the various dams referred on account of the inflow of water have not been removed since the last so many decades.

4. In a number of cases of similar nature, the irrigation department had collected and sold the slush (clay) and sand after separating them so as to enable free flow of water through the irrigation canals and also for providing better storage of water in the various dams. The sale of such slush/clay/sand have yielded substantial revenue to the Government apart from providing better environment, irrigation and drinking water.

5. In the recent past, a number of Infrastructural Developmental activities are being formulated in the State of Kerala including laying of 6 lane roads, construction of road flyovers, doubling of electric line to various sectors, strengthening of tank bunds for storage of water for irrigation purposes etc. are taking place at various places. But, shortage of river sand, loose soil for laying roads and for doubling railway lines and hamper developmental activities.

6. In this context, a recent print media report published in Malayala Manorama daily, Palakkad edition had highlighted the need for better storage of water in the catchment area of various dams in Palakkad District including Malampuzha W.P(C).12360/2017

Dam, Meenkara-Chulliyar dam, Kanjirapuzha dam, Pothundi Dam and Mangalam Dam vide reported in Manorama daily dated 22.03.2017.

7. The petitioner had a discussion with a number of scientific experts in this regard who have advised that removal of slush, clay and sand from the heap storage in the catchment area of the respective dams will help better storage facilities in the various dams and also will reap substantial revenue to the Government by auction sale of slush, clay and sand by using scientific methods in which there are several companies with expertise in the field.

8. In view of the fact that the South West Monsoon season is likely to commence during the 3 rd week of May 2017, early consideration of Exhibit.P3 & P4 favourably will result in better storage of water in all the dams as well as will result in the boost of government revenue to the tune of Rs.3,000/- crores in Palakkad District alone. Apart from that, a batch of infrastructure developmental activities being carried out by the Government like formation of six lane roads, doubling of railway tracks, construction of building complexes, formation of various bypass roads, construction of various road flyovers including railway overbridges. Hence, I am making this request for considering and taking suitable action in this matter by the Government on priority basis.

Dated this the 23rd day of March , 2017."

4. Considering the limited prayer, Mr. Aravindakumar Babu,

learned Special Government Pleader submitted that the Principal

Secretary to the Government, Irrigation Department, Secretariat, W.P(C).12360/2017

Thiruvananthpauram may be directed to consider and pass orders on

Ext.P2 representation, if not disposed of earlier.

5. Placing on record the submission of learned Senior

Government Pleader, Principal Secretary, Irrigation Department,

Thiruvananthapuram (respondent No.1) is directed to pass orders on

Ext.P2 representation dated 23.3.2017, if it is still pending, within four

weeks from the date of receipt of a copy of this judgment.

Sd/-

S. Manikumar, Chief Justice

Sd/-

Shaji P. Chaly, Judge sou.

W.P(C).12360/2017

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF PASS ISSUED BY THE MINOR IRRIGATION DIVISION, KOLLAM ON 03.12.2013 FOR TRANSPORTATION OF SLUSH/CLAY TAKEN FROM A PUBLIC PLACE ALONGWITH ITS ENGLISH TRANSLATION

EXHIBIT P2 TRUE COPY OF THE DETAILED REPRESENTATION FILED BY THE PETITIONER ADDRESSED TO THE 1ST RESPONDENT ON 23.03.2017

EXHIBIT P3 TRUE COPY OF THE DETAILED REPRESENTATION FILED BY THE PETITIONER ADDRESSED TO THE 2ND RESPONDENT ON 23.03.2017

EXHIBIT P4 TRUE COPY OF THE DETAILS OF THE VARIOUS DAMS INCLUDING THE DAMS IN PALAKKAD DISTRICT AS EVIDENCED BY THE LEAFLET ISSUED ENVIS CENTRE HOSTED BY THE KERALA STATE COUNCIL FOR SCIECNE TECHNOLOGY AND ENVIRONMENT.