Suresh T.R vs State Of Kerala
2021 Latest Caselaw 15340 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
   THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
                     WP(C) NO. 13142 OF 2021
PETITIONER:

          SURESH T.R.,
          AGED 43 YEARS,
          S/O. T.K. RAVEENDRAN,
          THOTTUPURATH HOUSE, H.NO.50/170,
          POONITHURA, ERNAKULAM, PIN - 682030.

          BY ADVS.
          SRI.SIBI THOMAS JACOB
          SRI.JIMMI JOSE


RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY CHIEF SECRETARY,
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
    2     THE DISTRICT COLLECTOR,
          ERNAKULAM, COLLECTORATE, CIVIL STATION,
          KAKKANADU, ERNAKULAM, PIN - 682030.
    3     SECRETARY, CORPORATION OF KOCHI,
          ERNAKULAM DISTRICT, KERALA, PIN - 682001.
    4     DILEEP KUMAR,
          S/O. PARAMESWARAN, THUNDAYIL HOUSE,
          POONITHURA, ERNAKULAM, PIN - 682030.

          BY ADV SRI.SOBHAN GEORGE
          BY ADV SRI.K.JANARDHANA SHENOY, SC
          GOVERNMENT PLEADER SMT. G.RANJITA


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.13142/2021

                                 2




                            JUDGMENT

Dated this the 22th day of July, 2021

This writ petition has been filed by the petitioner

seeking to direct the 3rd respondent to take immediate

measures to restore the drainage canal by removing

obstruction placed by the 4th respondent inside the canal and

by removing illegal construction made over the drainage canal

by the 4th respondent.

2. When this writ petition came up for hearing today,

the learned Standing Counsel for the 3 rd respondent submitted

that on receipt of the complaint from the petitioner, the

Corporation has acted upon it and issued a notice to the 4 th

respondent and has required him to produce certain

documents. As the Corporation has already initiated

proceedings on the basis of complaint received from the WP(C).No.13142/2021

petitioner, this Court is of the opinion that no adjudicatory

orders need to be passed in this writ petition.

3. Though notice was ordered on the 4 th respondent in

this writ petition, the service is not complete. In view of the

nature of the order to be passed in this writ petition, the

service of notice to the 4th respondent is dispensed with.

Accordingly, the writ petition is disposed of

recording the submission of the Standing Counsel for the 3 rd

respondent that action has been initiated pursuant to the

complaints of the petitioner. The 3 rd respondent is further

directed that before taking a final decision in the matter, the

petitioner shall also be extended with an opportunity of

personal hearing.

Sd/-

N. NAGARESH JUDGE SR WP(C).No.13142/2021

APPENDIX OF WP(C) 13142/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 1.3.2021.

EXHIBIT P2 TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT TO THE REPRESENTATION SUBMITTED DATED 4.3.2021.

EXHIBIT P3 ACTUAL PHOTOGRAPHS SHOWING THE DEPTH AND DANGER OF WATER LOGGING IN THE PREMISES OF THE PETITIONER AND ILLEGAL CONSTRUCTION OVER THE DRAINAGE CANAL BY THE 4TH RESPONDENT.