Johnson K.J vs Kumbalam Grama Panchayath
2021 Latest Caselaw 14064 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
         WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                            WP(C) NO. 13476 OF 2021
PETITIONERS:

1       JOHNSON K.J, S/O JOSEPH, AGED 54 YEARS
        KUTTIKATIL (H), KUMBALAM P O, ERNAKULAM DISTRICT-682 506

2       ANTONY, S/O CYRIAC, AGED 59 YEARS,
        THIRUNILATH (H) , KUMBALAM P O, ERNAKULAM DISTRICT 682 506.

3       JOLLY PAWATHIL, AGED 55 YEARS,
        S/O SEBASTIAN, PAWATHIL HOUSE, KUMBALAM P O
        ERNAKULAM 682 506.
        BLOCK MEMBER, PALLURUTY GRAMA PANCHAYAT

        BY ADVS.
        AJITH GEORGE
        ALOK RAJ
        C.S.SHAHUL HAMEED
        SUNITHA SUBRAMANIAN
        ANTONY D'CRUZ


RESPONDENTS:

1       KUMBALAM GRAMA PANCHAYATH
        REPRESENTED BY ITS SECRETARY
        KUMBALAM, PANANGAD P.O.
        ERNAKULAM DISTRICT, PIN - 682 506
2       MOHAMMED SADIQUE, (AGE AND FATHER'S NAME NOT KNOWN TO THE
        PETITIONERS) CHIRAYIL HOUSE, KUMBALAM PANCHAYAT, KUMBALAM,
        PANANGAD P O, PIN 682 506

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.07.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13476 OF 2021
                                         :: 2 ::


                                     JUDGMENT

Dated this the 7th day of July 2021

S.MANIKUMAR, C.J.

Grievance of the petitioners in this writ petition is that

Mr.Mohammed Sadique/the second respondent had adopted an

unscientific method for aquaculture at Kaiyitara thodu resulting in

incursion of salt water into the houses of residents and causing

damages. It is submitted that due to this, saline water is being allowed

to enter the thodu during high tides and is being blocked and made to

stay in the thodu. Even though representations are made before the

authorities concerned seeking actions to prevent this, nothing has

been done till date. Hence this writ petition is filed seeking the

following reliefs:

"i. issue a writ of mandamus directing the first respondent/Secretary, Kumbalam Grama Panchayat to act upon as per the Ext.P1 and take necessary steps and measures.

ii. issue order or direction, directing the first respondent to immediately stop all the activities related to aquaculture and conduct a detailed inspection before giving permission to start fish farming again."

WP(C) NO. 13476 OF 2021 :: 3 ::

2. Though petitioners have sought for larger reliefs, Mr.Ajith

George, learned counsel for the petitioners submitted that it is suffice

to direct the Secretary, Kumbalam Grama Panchayat/respondent No.1

to consider Ext.P1 representation, without any further delay.

3. Placing on record the above submission, we direct the

Secretary, Kumbalam Grama Panchayat/respondent No.1 to consider

and pass appropriate orders on Ext.P1 representation dated 22.5.2021,

as early as possible, at any rate, within one month from today.

Petitioners are permitted to produce a copy of the judgment before the

first respondent for compliance.

Writ petition is disposed of.

SD/-

S.MANIKUMAR CHIEF JUSTICE

SD/-

SHAJI P. CHALY JUDGE jes