Kerala High Court
Moni @ Sicily vs State Of Kerala on 29 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
WP(C) NO. 2161 OF 2012
PETITIONER/S:
1 MONI @ SICILY, AGED 50 YEARS
W/O.ISSAC, KAKKATTU HOUSE, KATTAPPANA KARA,
KATTAPANA VILLAGE, UDUMBANCHOLA TLAUK, IDUKKI
DIST
2 NIRISH, S/O.ISSAC,KAKKATTU HOUSE, KATTAPPANA
KARA,KATTAPPANA VILLAGE, UDUMBANCHOLA TALUK,
IDUKKI DIST
BY ADVS.
SRI.S.K.PREMJITH MENON
SRI.BINU V V VEETTIL VALAPPIL
SHRI.MANEKSHA D.
RESPONDENT/S:
1 STATE OF KERALA
REP.BY SECRETARY TO REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM. PIN- 695 001.
2 REVENUE DIVISIONAL OFFICER DEVIKULAM
R.D.O.OFFICE, DEVIKULAM, IDUKKI DISTRICT. PIN-
685 603.
3 TAHSILDAR
TALUK OFFICE, UDUMBANCHOLA, NEDUMKANDAN, IDUKKI
DISTRICT. PIN-685 553
4 VILLGE OFFICER
KATTAPPANA, VILLAGE OFFICE, KATTAPPANA, IDUKKI
DISTRICT. PIN 685 508
5 GOPI, S/O.KKUTTAPPAN,MALAYIL VEETTIL, KATTAPPANA
KARA,KATTAPPANA VILLAGE, IDUKKI DISTRICT. PIN-
685 508
6 REVEENDRAN
S/O.KUTTAPPAN, MALAYIL VEETTIL,KATTAPPANA
KARA,KATTAPPANA VILLAGE, IDUKKI DISTRICT. PIN-
685 508
-2-
WP(C) NO. 2161 OF 2012
7 SAJI
S/O.NARAYANAN,THOTTUVAZHAYILKATTAPPANA
KARA,KATTAPPANA VILLAGE, IDUKKI DISTRICT. PIN-685
508
8 ALEX
S/O.JOSPEH, KAVUKKATU HOUSE, KATTAPPANA
KARA,KATTAPPANA VILLAGE, IDUKKI DISTRICT, PIN-685
508
(RESPONDENTS R5 TO R8 IS DELETED AS PER ORDER
DATED 09/10/2021 IN I.A 1/2021 IN WP(C)2161/2021)
OTHER PRESENT:
SMT.RASHMI.K.M, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.10.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-3-
WP(C) NO. 2161 OF 2012
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 2161 of 2012 - U
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Dated this the 29th day of October, 2021
JUDGMENT
The petitioners are the absolute owners of an extent of 1.62
acres of land in Kattappana Village. It is the case of the
petitioners that there is a 'thodu' flowing in the middle of the
petitioners' property and their neighbours' property on north-
south direction. It is the further case of the petitioners that the
said 'thodu' having about 10 km length and having 5 to10 feet
width leads to Kattappana river. It is the case of the petitioners
that some real-estate brokers purchased some property on the
southern side of the petitioners' property. After the purchase of
the said property, they possess the 'thodu' portion and its
puramboku land. They filled soil in the 'thodu'. It is the case of
the petitioners that because of this illegal action of these people,
WP(C) NO. 2161 OF 2012
the 'thodu' is deviated in another way and is flowing very slowly
through other properties. It is further stated that the waste
coming from Kattappana town is blocked in the obstructed area
and hence, heavy pollution is caused to the petitioners and other
neighbours in the locality. In such circumstances, the
petitioners filed Ext.P1 before the Revenue Divisional Officer
(RDO), Devikulam and the RDO passed Ext.P3 order dated
30.6.2010 to remove the illegal obstruction in the 'thodu'. The
3rd respondent directed the 4th respondent to implement the
order of RDO, Devikulam. Finally, as per Ext.P8, the 3 rd
respondent again directed the 4th respondent to implement the
order of the RDO, Devikulam. But even now, Ext.P3 order is not
implemented. Hence, this writ petition.
2. Heard the learned counsel for the petitioners and the
learned Government Pleader.
3. The learned counsel for the petitioners reiterated the
WP(C) NO. 2161 OF 2012
contentions of the petitioners in the writ petition. The learned
counsel takes me through Ext.P3 order passed by the RDO,
Devikulam and submitted that even now, the same is not
implemented by the authority concerned. The learned counsel
submitted that Ext.P3 order is dated 30.06.2010, now about 11
years lapsed and even now, the same is not implemented. The
learned counsel also submitted that Ext.P3 order became final
and the same is not challenged by any of the aggrieved parties.
4. On the other hand, the learned Government Pleader
submitted that the present Village Officer took charge in the
village only recently and he would not aware about Ext.P3 order.
But it is submitted that the Village Officer will do the needful in
accordance to law, if there is any direction from this Court.
5. After hearing both sides, I think there is some force in
the argument of the petitioners. Admittedly, Ext.P3 order was
passed on 30.06.2010. In Ext.P3 order it is clearly stated to
WP(C) NO. 2161 OF 2012
remove the obstructions in the 'thodu' and restore the same to
the original position. Admittedly, Ext.P3 order is not
implemented so far. The aggrieved party is not before this Court
in this writ petition. In such circumstances, there can be a
direction to the 4th respondent to see that Ext.P3 is implemented
in its letter and spirit, if it is not varied or modified by any other
competent authority.
6. The learned counsel for the petitioners submitted that
the petitioners are ready to bear the expenses for restoring the
'thodu' to its original position. If that be so, the 4 th respondent
will supervise to see that the work is done strictly in accordance
with Ext.P3 order.
Therefore, this writ petition is allowed in the following
manner:
1. The 4th respondent will do the needful to see
that Ext.P3 order is implemented, as expeditiously as
possible, at any rate, within four months from the
WP(C) NO. 2161 OF 2012
date of receipt of a copy of this judgment.
2. The 4th respondent will hear the affected parties
also, if necessary, during the above period, before
starting the work as per Ext.P3.
3. The petitioners are free to do the work to
implement Ext.P3 order and the 4th respondent will
supervise the work to see that the same is done
strictly in accordance with Ext.P3 order.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
WP(C) NO. 2161 OF 2012
APPENDIX OF WP(C) 2161/2012
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PETITION DATED
03.12.2008 FILED BEFORE THE 2ND
RESPONDENT.
