M.V.George vs The District Collector
2021 Latest Caselaw 8519 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942

                       WP(C).No.6605 OF 2021(A)


PETITIONER:

               M.V.GEORGE
               AGED 71 YEARS
               S/O.VAVACHAN, MULLAMKUZHI VEETIL, CHELLANAM, SOUTH
               CHELLANAM VILLAGE, ERNAKULAM, 682008.

               BY ADV. SRI.M.R.SARIN

RESPONDENTS:

      1.       THE DISTRICT COLLECTOR
               COLLECTORATE CIVIL STATION
               KAKKANAD ERNAKULAM COCHIN - 30
               PIN-682008.

      2.       THE PADASEKHARAN NEEL ULPADANAKARSHAHA SAGHAM,
               REGISTRATION NO.ER/295/94 NEENDAKAR CHELLANAM
               REPRESENTED BY ITS SECRETARY, CHELLANAM
               ERNAKULAM- 682008.

      3.       DEPUTY DIRECTOR OF FISHERIES (ZONAL),
               NEAR KERALA HIGH COURT, ERNAKULAM
               SALIM ALI ROAD, FIRST FLOOR, FISHERIES COMPLEX,
               KOCHI, KERALA, 682018.

      4.       CHELLANAM GRAMA PANCHAYATH REPRESENTED BY SECRETARY
               KANDAKKADAVU P.O, SH66,
               CHELLANAM, KOCHI, KERALA 682008.



               ADV.SMT.PRINCY XAVIER, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6605 OF 2021(A)

                                    2




                                JUDGMENT

Dated this the 15th day of March 2021

The petitioner who is a resident of

Chellanam is aggrieved by the in action of the

respondents in complying with Exts.P1 and P3

judgments. By Ext.P3 judgment dated 08.10.2014,

this Court had directed to take follow up

action for implementation of the decision

already taken with respect to the nuisance

caused to the petitioners and others on account

of the prawn farming activity, by constructing

a retaining wall separating the property in

which prawn farming is carried out from the

properties of the petitioners and others. The

petitioner points out that despite Ext.P3

judgment, no effective action is taken by the

respondents though various representations were

submitted before all the authorities including

the District Collector as well as the Secretary

of the Grama Panchayath. The petitioner points WP(C).No.6605 OF 2021(A)

out that the nuisance continues. Therefore,

the petitioner seeks a direction to the

respondents again for consideration of the said

representations Exts.P4, P5 and P6.

2. The writ petition is therefore,

disposed of with a direction to the 1st

respondent-District Collector to take

appropriate action for the construction of the

retaining wall on the basis of the decision

taken as early as on 04.01.2014 in co-

ordination with the Panchayath and other stake

holders within a period of three months from

the date of receipt of a copy of the judgment.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.6605 OF 2021(A)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF JUDGMENT IN WPC NO.

23781/2013 GIVEN BY HON'BLE HIGH COURT ON 30.09.2013.

EXHIBIT P2 THE TRUE COPY OF ORDER PASSED BY RESPONDENT 1 ON 04.01.2014.

EXHIBIT P3 THE TRUE COPY OF JUDGMENT IN WPC NO.24910/2014 GIVEN BY HON'BLE HIGH COURT ON 08.10.2014.

EXHIBIT P4 THE TRUE COPY OF REPRESENTATION BEFORE 1ST RESPONDENT ON 23.11.2020.

EXHIBIT P5 THE TRUE COPY OF REPRESENTATION BEFORE 3RD RESPONDENT ON 23.11.2020.

EXHIBIT P6 THE TRUE COPY OF REPRESENTATION BEFORE 4TH RESPONDENT ON 23.11.2020.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE