Kayamkulam Canal Protection ... vs State Of Kerala
2021 Latest Caselaw 495 Ker

WP(C).386/2021(S)                    -1-




                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

            THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                      &

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                           WP(C).No.386 OF 2021(S)


PETITIONER/S:

        1           KAYAMKULAM CANAL PROTECTION COUNCIL
                    REPRESENTED BY ITS SECRETARY DEEPTHI KUMAR, AGED 60
                    YEARS, SON OF VELAPPAN PILLAI, KAYAMKULAM P.O.,
                    ALAPPUZHA DISTRICT-690 502, RESIDING AT KARACKATTU
                    HOUSE, CHIRAKKADAVAM P.O., KAYAMKULAM, ALAPPUZHA
                    DISTRICT-690 502.

        2           NIZAMUDHEEN,
                    AGED 59 YEARS
                    SON OF HASSAN KUNJU, PRESIDENT, KAYAMKULAM CANAL
                    PROTECTION COUNCIL, KAYAMKULAM P.O., ALAPPUZHA
                    DISTRICT-690 502, RESIDING AT PERUMBALATH HOUSE,
                    CHIRAKKADAVAM P.O., KAYAMKULAM, ALAPPUZHA DISTRICT-
                    690 502.

                    BY ADVS.
                    SMT.ANILA UMESH
                    SHRI.ADIL.M.H
                    SRI.TPM.IBRAHIM KHAN (SR.)

RESPONDENT/S:

        1           STATE OF KERALA
                    REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
                    SECRETARIAT, THIRUVANANTHAPURAM-695 001.

        2           THE ASSISTANT EXECUTIVE ENGINEER,
                    MINOR IRRIGATION SUB DIVISION, HARIPAD P.O.,
                    ALAPPUZHA DISTRICT-690 514.
 WP(C).386/2021(S)                    -2-




        3           KAYAMKULAM MUNICIPALITY,
                    REPRESENTED BY THE SECRETARY, MUNICIPAL OFFICE,
                    KAYAMKULAM, ALAPPUZHA DISTRICT-690 502.

        4           THE DISTRICT COLLECTOR,
                    1ST FLOOR, COLLECTORATE, CIVIL STATION, ALAPPUZHA-
                    688 001.

        5           SHUKKUR,
                    SHIFANA MANZIL, CHERAVALLY P.O., KAYAMKULAM,
                    ALAPPUZHA DISTRICT-690 502.


OTHER PRESENT:

                    SRI. ARAVIND KUMAR BABU, SR GP FOR R1, R2 AND R4,
                    SRI. T.R.RAJAN, SC FOR R3

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).386/2021(S)                      -3-




                                JUDGMENT

Dated this the 7th day of January, 2021

S. Manikumar, CJ

Kayamkulam Canal Protection Council, Alappuzha, represented by

its Secretary, and one Mr. Nizamudheen, claiming to be the President of

the said Council, have filed the instant Public Interest Litigation, seeking

to call for the records leading to Exhibits-P1 to P8; to issue a writ of

mandamus directing the respondents 1 to 4, to take appropriate action on

the 5th respondent; prevent the illegal construction above the Inchackal

Thodu, causing great health hazardous to the people of the locality; and

to demolish the illegal construction already done.

2. Petitioners have also sought for a writ of certiorari to quash all

the steps taken by the Municipality and Irrigation Department, directly or

indirectly, to grant permission to the 5th respondent, to proceed with the

illegal construction on the Inchackal Thodu.

3. We have heard Mr. T. P. M. Ibrahim Khan, learned Senior

Counsel appearing for the petitioners, on the pleadings and the prayers

stated supra.

4. This Court, in the judgment in W.P.(C) No.11686 of 2020 dated

19.06.2020, held that writ petition by an unregistered body is not WP(C).386/2021(S) -4-

maintainable much less, a Public Interest Litigation. First petitioner is not

a registered body.

5. Though, initially we thought it fit to consider the prayers sought

for, with reference to the averments and documents, perusal of the

material on record discloses that the affidavit required to be filed under

Section 74 of the High Court Act is sworn to by Mrs. Deepthi Kumar,

Secretary of Kayamkulam Canal Protection Council, Alappuzha, as stated

supra, is not a registered body. That apart, the affidavit is not signed by

the 2nd petitioner.

In the light of the above, the instant writ petition filed as a Public

Interest Litigation does not satisfy the requirements of the statutory

provisions. Hence, the writ petition is dismissed.

Sd/-

S. MANIKUMAR CHIEF JUSTICE

Sd/-

SHAJI P. CHALY JUDGE

Eb ///TRUE COPY///

P. A. TO JUDGE WP(C).386/2021(S) -5-

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE REPRESENTATION DATED 30.09.2020 SUBMITTED BY THE PETITIONERS AND OTHER PERSONS BEFORE THE 4TH RESPONDENT DISTRICT COLLECTOR ALONG WITH ITS ENGLISH TRANSLATION.

EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION DATED 11.10.2020 SUBMITTED BY THE PETITIONERS NO.1 AND THE LOCAL INHABITANCE ALONG WITH TIS ENGLISH TRANSLATION.

EXHIBIT P3 A TUE COPY OF THE LETTER NO.DCALP/8726/2020-C-12 DATED 15.10.2020 ISSUED BY THE 4TH RESPONDENT DISTRICT COLLECTOR UNDER THE RIGHT TO INFORMATION ACT ADDRESSED TO THE TAHSILDAR (LAND RECORDS), KARTHIKAPPALLY TALUK AND THE SECRETARY OF KAYAMKULAM MUNICIPALITY ALONG WITH ITS ENGLISH TRANSLATION.

EXHIBIT P4 A TRUE COPY OF THE NEWSPAPER REPORT ON THE AGITATION IN THE LOCALITY APPEARED IN CHANDIRKA DAILY DATED 12.10.2020 ALONG WITH IT ENGLISH TRANSLATION.

EXHIBIT P4 A A TRUE COPY OF THE NEWSPAPER REPORT ON THE AGITATION IN THE LOCALITY APPEARED IN MALAYALA MANORAMA DAILY DATED 12.10.2020 ALONG WITH ITS ENGLISH TRANSLATION.

EXHIBIT P5 A TRUE COPY OF THE REPLY LETTER NO.PW1/G2/18895/20 DATED09.12.2020 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, KAYAMKULAM MUNICIPALITY ADDRESSED TO THE SECOND RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION.

 WP(C).386/2021(S)           -6-




   EXHIBIT P6       A TRUE COPY OF THE STOP MEMO WITH
                    NOTICE NO.PW1 14677/2020 DATED

11.10.2020 ALONG WITH ITS ENGLISH TRANSLATION.

EXHIBIT P6 A A TRUE COPY OF THE NOTICE NO.PW1-

14677/2020 DATED 10.10.2020 ALONG WITH ITS ENGLISH TRANSLATION.

EXHIBIT P7 A TRUE COPY OF THE PHOTOGRAPH SHOWING THE UNAUTHORIZED CONSTRUCTION ALREADY COMPLETED BY THE 5TH RESPONDENT IN CONNIVANCE WITH THE MUNICIPALITY.

EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE LOCAL INHABITANCE INCLUDING THE FIRST PETITIONER BEFORE THE 4TH RESPONDENT DISTRICT COLLECTOR ALONG WITH ITS ENGLISH TRANSLATION.