Kerala High Court
Ashraf C.A vs The Secretary on 8 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
WP(C) NO. 6330 OF 2021
PETITIONER/S:
1 ASHRAF C.A.
AGED 43 YEARS
S/O.ABDUL RAHMAN MOULAVI, AL-CANAL HOUSE, MANJALY, MANNAM
P.O., NORTH PARAVOOR.
2 ABUBACKER,
AGED 48 YEARS
S/O.ABDUL RAHMAN MOULAVI, PRESENTLY AT AL KHAIL MALL, KANAL
EMIGRATION SERVICE CENTER, 2ND FLOOR, OFFICE NUMBER-11, AL
QUOZ, DUBAI, REPRESENTED THROUGH HIS BROTHER AND POWER OF
ATTORNEY HOLDER, ASHRAF C.A, S/O.ABDUL RAHMAN MOULAVI, AGED
43, AL-CANAL HOUSE, MANJALY, MANNAM P.O., NORTH PARAVOOR.
3 HARI,
AGED 55 YEARS
S/O.KARAPPAN, KOLLABI HOUSE, THALIKULAM P.O.,
THAMBANKADAVU, THRISSUR.
4 LAIJU,
AGED 33 YEARS
S/O.SREERAMAN, MAYOOR HOUSE, THALIKULAM P.O.,
THAMBANKADAVU, THRISSUR.
5 SUBRAMANIYAN,
AGED 60 YEARS
S/O.VELAYUDHAN, THALIKULAM P.O., THAMBANKADAVU, THRISSUR.
6 HARIDAS,
AGED 45 YEARS
S/O.CHANDRAN, ERANEZHATHU HOUSE, THALIKULAM P.O.,
THAMBANKADAVU, THRISSUR.
BY ADVS.
K.R.SUNIL
S.U.NAZAR
KUM.SABI C SHAJI
SMT.AISWARYA VENUGOPAL
K.V.SASIDHARAN
WP(C) NO. 6330 OF 2021
2
RESPONDENT/S:
1 THE SECRETARY
THE STATE IRRIGATION DEPARTMENT, PUBLIC OFFICE,
THIRUVANANTHAPURAM, PIN-695033.
2 THE CHIEF ENGINEER,
IRRIGATION AND ADMINISTRATION, PUBLIC OFFICE,
THIRUVANANTHAPURAM, PIN-695033.
3 THE SUPERINTENDING ENGINEER,
IRRIGATION CENTRAL CIRCLE, THRISSUR, PIN-680001.
4 THE EXECUTIVE ENGINEER,
ADDITIONAL IRRIGATION DIVISION, THRISSUR, PIN-680020.
5 ADDL.R5.THALIKULAM GRAMA PANCHAYAT
THALIKULAM, THRISSUR, REPRESENTED BY ITS SECRETARY,
680 569.
6 ADDL.R6.KERALA COASTAL ZONE MANAGEMENT AUTHORITY
THAMPANOOR, KSRTC BUILDING, 4TH FLOOR, OVER BRIDGE,
THAMPANOOR, THIRUVANANTHAPURAM 695 001.
ADDL.R5 AND R6 ARE IMPLEADED AS PER ORDER DATED 6/7/21
IN I.A. 1/21 IN WPC 6330/21(M).
BY ADVS.
GOVERNMENT PLEADER
M.P.PRAKASH
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6330 OF 2021
3
P.V.KUNHIKRISHNAN, J.
===================
WP(C) No. 6330 OF 2021
===================
Dated this the 8th day of September 2021
JUDGMENT
The above writ petition is filed with the following
prayers;
" i. To issue Writ of Mandamus, Orders or
Directions, directing the respondents to forthwith
construct the Anti Erosion sea walls in between the
Snehatheeram as well as Thalikulam sea shore to a
distance about 300-400 mtrs now lying open directly
to the Arabian Sea.
ii. Such other Orders, Directions deem fit on
facts and in the interests of justice."
2. The main grievance of the petitioners is that, the
respondents are not constructing the anti erosion sea wall in
between the Snehatheeram as well as Thalikkulam sea shore
to a distance of about 300-400 mtrs now lying open directly
to the Arabian Sea. The petitioners takes me through Ext.P7
WP(C) NO. 6330 OF 2021
photographs which will show the situation clearly.
3. The learned Government Pleader submitted that, a
statement is filed by the 3rd respondent. It will be better to
extract paragraph 2 and 3 of the statement.
" 2. It is submitted that the request from the
1st
petitioner was received on 26.07.2018.
Accordingly the proposal amounting to Rs.1060 Lakhs
for the work "Construction of sea wall for a length of
1765m from 25m south of CP 1341 towards north up
to 117m north of CP 1349 in Thalikulam Grama
Panchayath" which covers the land of petioners, was
submitted to Government for necessary sanction and
due to paucity of funds, the estimate was not
sanctioned. The proposal was again revised for an
amount of Rs. 14.00 Crores for obtaining sanction
under Flood Management and Border Area Programme
(FMBAP) for the year 2021. This proposal can be
submitted to Government only after the Central
Government issues the Guidelines for FMBAP 2021-26.
Hence, the contention of the petition lacks merit.
3. The petitioner has requested to NOC to
construct compound wall in his own land and for this,
no NOC is required from Irrigation Department. The
proposal amounting to Rs.1060 Lakhs for the
"Construction of sea wall for a length of 1765m from
25m south of CP 1341 towards north up to 117m
north of CP 1349 in Thalikulam Grama Panchayath
which covers the land of petitioner, was submitted to
Government for necessary sanction and due to paucity
of funds, the estimate was not sanctioned. The
proposal was again revised for an amount of Rs. 14.00
Crores for obtaining sanction under Flood Management
and Border Area Programme (FMBAP) for the year
2021. This proposal can be submitted to Government
WP(C) NO. 6330 OF 2021
only after the Central Government issues the
guidelines for FMBAP 2021-26. The work can be
carried out only after getting necessary sanction. The
statement given by the petitioner cannot be accepted
at any cost, since even before receiving any request
from the petitioner, the proposal had been prepared.
Even now in Anti Sea Erosion proposal for 2021-22,
the work "ASE- Construction of sea wall for a length of
225m from 45m south of CP 1341 towards north in
Thalikulam Grama Panchayath" for an amount of Rs.
200.00 Lakhs which covers the petitioner's area has
been prepared for obtaining Administrative sanction
from Government."
4. From the above statement it is clear that, the
authorities are taking steps to construct the wall and the
delay is only because of the paucity of fund.
5. It is true that, there may be some financial
difficulty to the government for constructing the wall. But,
the right to life is also a fundamental right of the petitioner.
They apprehend danger to their life. It is the duty of the
state to see that the life of the petitioners are protected.
Considering the entire facts and circumstances of the case
and also considering the statement filed by the 3 rd
respondent, I think, there can be a direction to the
WP(C) NO. 6330 OF 2021
respondents to complete the work of constructing the anti
erosion sea wall at least before the next monsoon.
Therefore, this writ petition is disposed in the following
manner;
The respondents are directed to complete the entire
process including the construction of anti erosion sea wall in
between the Snehatheeram as well as Thalikkulam sea shore
to a distance about 300-400 mtrs, as expeditiously as
possible, at any rate before next monsoon start in Kerala.
(Sd/-)
P.V.KUNHIKRISHNAN
JUDGE
LU
WP(C) NO. 6330 OF 2021
APPENDIX OF WP(C) 6330/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE APPLICATION DATED
26.07.2018.
Exhibit P2 THE TRUE COPY OF THE REPLY GIVEN BY THE
SECRETARY THALIKULAM GRAMA PANCHAYATH
DATED 11.09.2018.
Exhibit P3 THE TRUE COPY OF THE LETTER DATED
26.11.2018.
Exhibit P4 THE TRUE COPY OF THE REPLY DATED
13.12.2018 ISSUED BY VILLAGE OFFICER
THALIKKULAM.
Exhibit P5 THE TRUE COPY OF THE LETTER DATED
04.07.2018 AND ITS TYPED COPY.
Exhibit P6 THE TRUE COPY OF THE REPLY DATED
04.10.2019.
Exhibit P7 THE PHOTOGRAPHS SHOWING THE LIE AND
NATURE OF THE AREA, THE PARTIAL
CONSTRUCTION OF THE SEA WALLS AND THE
AREA NEARLY 300-400 MTRS HAVING NO
PROTECTION WALLS.
Exhibit P8 THE COPY OF NEWS ITEMS AND DECLARATION
OF THE STATE CHIEF MINISTER AS WELL AS
THE MINISTRY OF PART AFFAIRS CAME IN
MALAYALA MANORAMA DAILY CAME ON
02.06.2021.
Exhibit P9 THE TRUE COPY OF TH NEWS PUBLISHED IN
THE MALAYALA MANORAMA DAILY DATED
26.05.2021
Exhibit P10 THE TRUE COPY OF THE NEWS PUBLISHED IN
WP(C) NO. 6330 OF 2021
THE MALAYALA MANORAMA DAILY DATED
27.05.2021.
// True Copy // PA to Judge
