Onjithodu Samrakshana Janakiya ... vs State Of Kerala
2021 Latest Caselaw 9852 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                       WP(C).No.5876 OF 2021(H)


PETITIONER:

               ONJITHODU SAMRAKSHANA JANAKIYA SAMITI
               REPRESENTED BY ITS CONVENER,
               SRI. K.S. PRAKASHAN,
               S/O. K.M. SIVARAMAN,
               KOLLAMPRAMBIL,
               KADUNGALLOOR WEST,
               ALUVA - 683 110.

               BY ADVS.
               SMT. S. KARTHIKA
               SMT. PREETHY KARUNAKARAN
               SMT. ANJANA M VADHYAR

RESPONDENTS:

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

      2        THE PRINCIPAL SECRETARY
               LOCAL SELF GOVERNMENT DEPARTMENT,
               SECRETARIAT,
               THIRUVANANTHAPURAM,
               PIN - 695 001.

      3        DISTRICT COLLECTOR
               COLLECTORATE,
               CIVIL STATION,
               KAKKANAD,
               ERNAKULAM,
               PIN - 682 030.

      4        DEPUTY DIRECTOR
               SURVEY AND LAND RECORDS,
               5TH FLOOR, CIVIL STATION,
               KAKKANAD,
               PIN - 682 030.
 W.P(C).No.5876 OF 2021

                                 2


       5       TAHSILDAR (L.R)
               1ST FLOOR,
               POLICE STATION ROAD,
               ABOVE SUB REGISTRAR OFFICE,
               NORTH PARAVUR,
               PIN - 683 513.

       6       KADUNGALLOOR GRAMA PANCHAYAT,
               REPRESENTED BY ITS SECRETARY,
               MUPPATHADAM P. O.,
               ALUVA - 683 110.

       7       ALANGAD GRAMA PANCHAYATH
               REPRESENTED BY ITS SECRETARY,
               NEERIKODE P. O.,
               ALANGAD - 683 511.


               SMT. A.C VIDHYA - GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P(C).No.5876 OF 2021

                                  3

                             JUDGMENT

The petitioner, a Society registered under the Travancore

Cochin Literary, Scientific and Charitable Societies Registration Act,

1955, which is engaged in the protection, revival and maintenance

of 'Onjithodu' has filed this writ petition under Article 226 of the

Constitution of India seeking a writ of mandamus commanding the

3rd respondent to issue orders for survey of the land on either side

of the 'Onjithodu' in Ernakulam district as a preliminary step to

remove encroachments and unscientific constructions as opined by

Chief Engineer (Irrigation) in Ext.P2 report; a writ of mandamus

commanding the 5th respondent to deploy a special survey team to

carry out survey of the land on either side of 'Onjithodu' which has

been encroached upon as referred in Ext.P9 letter issued by him; a

writ of mandamus commanding the 3rd respondent to initiate steps

under Kerala Land Conservancy Act, 1957 to remove the

encroachments on either side of 'Onjithodu' Canal, Ernakulam

District; a writ of mandamus commanding respondents 1 to 5 to

initiate steps for the revival of 'Onjithodu' Canal in Ernakulam

District'; a writ of mandamus commanding the 3 rd respondent to

constitute a Joint Committee to oversee the revival of 'Onjithodu' W.P(C).No.5876 OF 2021

by including all stake holders including the petitioner herein; and

also a writ of mandamus commanding respondents 1 to 5 to

initiate steps for the revival of 'Onjithodu' Canaland deploy a

special survey team to carry out survey of the land on either side

of 'Onjithodu' which has been encroached upon.

2. Rule 146A of the Rules of the High Court of Kerala,

1971, reads thus:-

"146A. Affidavits in Public Interest Litigation :- A person filing a Public Interest Litigation, in addition to the requirements stipulated in the other Rules of this Chapter, shall precisely and specifically affirm in the affidavit to be sworn to by him the public cause he is seeking to espouse, that he has no personal or private interest in the matter, that there is no authoritative pronouncement by the Supreme Court of High Court on the question raised and that the result of the litigation shall not lead to any undue gain to himself or to any one associated with him."

3. After arguing for sometime, the learned counsel for the

petitioner seeks permission to withdraw this writ petition, without

prejudice to the right of the petitioner to file fresh writ petition,

after complying with the requirements in Rule 146A of the said

Rules.

Based on the above submission made by the learned counsel W.P(C).No.5876 OF 2021

for the petitioner, this writ petition is dismissed as withdrawn

without prejudice to the aforesaid right of the petitioner.

Sd/-

ANIL K. NARENDRAN JUDGE SPR W.P(C).No.5876 OF 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF DISASTER MASTER PLAN 2020-2021, KADUNGALLOOR GRAMA PANCHAYAT PUBLISHED BY 6TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE REPORT DATED 17/04/2019 BY THE CHIEF ENGINEER (IRRIGATION) TO 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF LETTER DATED 24.06.2019 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE LETTER DATED 24.06.2019 ISSUED BY THE 1ST RESPONDENT TO THE CHIEF ENGINEER (IRRIGATION).

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 04/07/2019 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE RESOLUTION DATED 20.07.2019 PASSED BY THE 7TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE RESOLUTION DATED 20.07.2019 PASSED BY THE 7TH RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE RESOLUTION DATED 26.08.2019 PASSED BY THE 6TH RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE LETTER DATED 14.11.2019 ADDRESSED TO THE RESPONDENTS 6 AND 7 BY THE 5TH RESPONDENT.

W.P(C).No.5876 OF 2021

EXHIBIT P10 TRUE COPY OF THE LETTER DATED 14.02.2020 ISSUED BY THE 6TH RESPONDENT TO THE 5TH RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 11.05.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD AND 6TH RESPONDENTS.

EXHIBIT P12 TRUE COPY OF LETTER DATED 21.10.2020 ISSUED BY THE 6TH RESPONDENT TO THE 5TH RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL.