Chandran P vs The Chief Engineer, Department Of ...
2021 Latest Caselaw 18679 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

         THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943

                             WP(C) NO. 14266 OF 2021

PETITIONER:
               CHANDRAN P.
               AGED 56 YEARS
               S/O.PONNAYYAN NADAR, KARINCHALATHOTTATHIL VEEDU, NETTATHANNI,
               KOTTUKAL P.O., THIRUVANANTHAPURAM DISTRICT - 695 501.

               BY ADVS.
               R.SANTHOSH (VARKALA)
               A.CHANDRA BABU
               C.R.VIJAYAKUMARAN PILLAI
               MUKESH KUMAR G.


RESPONDENTS:

     1         THE CHIEF ENGINEER, DEPARTMENT OF IRRIGATION AND ADMINISTRATION
               PUBLIC OFFICE BUILDING, LMS VALLAYAMBALAM RD., OPPOSITE MUSEUM,
               UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM,
               THIRUVANANTHAPURAM, KERALA - 695 033.

     2         ASSISTANT ENGINEER
               OFFICE OF THE ASSISTANT ENGINEER, NIP CHANNEL SECTION,
               PALLICHAL, THIRUVANANTHAPURAM - 695 020.

     3         ASSISTANT EXECUTIVE ENGINEER
               CHANNEL SUB DIVISION, NEYYATTINKARA,
               THIRUVANANTHAPURAM - 695 121.

     4         THAHISLDAR, TALUK OFFICE
               NEYYATTINKARA, NEYYATTINKARA P.O.,
               THIRUVANANTHAPURAM - 695 121.

     5         VILLAGE OFFICER
               VILLAGE OFFICE, KOTTUKAL, KOTTUKAL P.O.,
               THIRUVANANTHAPURAM - 695 501.

     6         TALUK SURVEYOR,
               TALUK OFFICE, NEYYATTINKARA, NEYYATTINKARA P.O.,
               THIRUVANANTHAPURAM - 695 121.

     7         DISTRICT COLLECTOR,
               THIRUVANANTHAPURAM CIVIL STATION, KUDAPPANAKKUNNU P.O.,
               THIRUVANANTHAPURAM - 695 043.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.09.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14266 OF 2021

                                      2




                               JUDGMENT

The petitioner, who is stated to be a resident of Kottukal

Village in Neyyattinkara, alleges that there have been large scale

encroachments into a water canal called 'Chowara canal',

between 'Thekkekonam' and 'Kuruvithottam Pump House' area.

He alleges that some of the owners of the properties adjacent to

the said area have removed survey marks, so as to facilitate their

encroachments and therefore, that he was constrained to

approach the official respondents through Ext.P11 request for

removing such.

2. The petitioner alleges that even though Ext.P11 was

made as early as on 30.06.2021, no action has been taken thereon

by any of the official respondents and thus prays that same be

directed to be done, within a time frame to be fixed by this Court.

3. The afore submissions made on behalf of the petitioner

by his learned counsel Sri.R.Santhosh, were vehemently opposed

by the learned Senior Government Pleader - Sri.Ashwin

Sethumadhavan, pointing out that, as is evident from Ext.P9, the

competent Authority has already acted upon the request of the WP(C) NO. 14266 OF 2021

petitioner and the 6th respondent - Taluk Surveyor has been

requested to survey the property and to fix the ladder points with

respect to the extents in Re.Sy.No.332 of Block No.60. He

submitted that, in fact, the Assistant Director of the Central

Survey Office, Thiruvanathapuram, thereafter, furnished Ext.P10

ladder sketch, but that there were some offset points found

missing, thus constraining the 6th respondent - Taluk Surveyor, to

seek certain additional clarifications and inputs with respect to

the same. He submitted that as soon as the same is received by

the 4th respondent - Tahsildar, necessary action will be taken by

the said Authority in terms of law.

4. When I examine the materials on record, it becomes

indubitable that the petitioner's request, namely Ext.P11, was

made on 30.06.2021; while action with respect to the

encroachment of the canal had, in fact, begun as early as on

12.01.2021, as is perspicuous from Ext.P9. Even though the 4 th

respondent - Tahsildar obtained Ext.P10 report from the Central

Survey Office, he is stated to have found certain lacunae therein,

thus constraining him to seek further clarification from the 6 th

respondent - Taluk Surveyor.

WP(C) NO. 14266 OF 2021

5. Obviously, therefore, until such clarification is

obtained, this Court will not be justified in directing the said

Authority to complete the proceedings on the request of the

petitioner with respect to the canal in question.

6. That said, however, the 4th respondent - Tahsildar

cannot be allowed to wait indefinitely to obtain necessary

clarification from the 6th respondent - Taluk Surveyor and I am,

therefore, of the view that time frames will have to be fixed by

this Court .

Resultanly, I direct the 6th respondent - Taluk Surveyor or

such other competent Surveying Authority, to make available the

necessary clarifications and inputs as have been called for by the

4th respondent - Tahsildar, as expeditiously as is possible but not

later than two months from the date of receipt of a copy of this

judgment.

Once, the said clarification/inputs are received by the 4 th

respondent, he shall immediately initiate further action with

respect to the canal in question and take steps for removal of the

encroachments, after following due procedure and after giving

the affected parties necessary opportunities, as per the applicable WP(C) NO. 14266 OF 2021

Statute and Regulations.

This shall be done by the 4th respondent - Tahsildar without

any avoidable delay but not later than six months from the date on

which he receives the inputs from the 6 th respondent - Taluk

Surveyor, in terms of my directions above.

This writ petition is thus ordered.

SD/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 14266 OF 2021

APPENDIX OF WP(C) 14266/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE LETTER NO.AE/PLS/09/2011 DATED 01/10/2020 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT.

Exhibit P2 THE TRUE COPY OF THE REPRESENTATION DATED 05/10/2020 SUBMITTED BY THE LOCAL RESIDENTS OF THEKKEKONAM AREA TO THE RESPONDENT NO.2 & 3.

Exhibit P3 THE TRUE COPY OF THE LETTER DATED 22/10/2020 ISSUED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT.

Exhibit P4 THE TRUE COPY OF THE NOTICE NO.LRM-G2/18408/2020 DATED 11/11/2020 IN FORUM NO.12 ISSUED BY THE 6TH RESPONDENT TO THE 2ND RESPONDENT.

Exhibit P5 THE TRUE COPY OF THE REPORT DATED 19/11/2020 SUBMITTED BY THE FIRST GRADE SURVEYOR AS PER THE REQUEST OF THE 2ND RESPONDENT.

Exhibit P6 THE TRUE COPY OF THE REPORT PREPARED AT THE TIME OF SURVEY ON 20/11/2020 BY THE 2ND RESPONDENT.

Exhibit P7 THE TRUE COPY OF THE MASS REPRESENTATION DATED 05/01/2021 SUBMITTED BEFORE THE 7TH RESPONDENT.

Exhibit P8 THE TRUE COPY OF THE LETTER DATED 12/01/2021 ISSUED BY THE 2ND RESPONDENT TO THE ASSISTANT DIRECTOR, CENTRAL SURVEY OFFICE, VAZHUTHACAUD, THIRUVANANTHAPURAM.

Exhibit P9 THE TRUE COPY OF THE LETTER DATED 12/01/2021 ISSUED BY THE 4TH RESPONDENT TO THE THIRUVANANTHAPURAM DISTRICT SURVEY SUPERINTENDENT.

Exhibit P10 THE TRUE COPY OF THE LADDER SKETCH AND FMB ISSUED BY THE ASSISTANT DIRECTOR CENTRAL SURVEY OFFICE THIRUVANANTHAPURAM AS PER HIS LETTER NO.B-10/846/2021 DATED 12/02/2021 TO THE 4TH RESPONDENT.

Exhibit P11 THE TRUE COPY OF THE REPRESENTATION DATED 30/06/2021 SUBMITTED BY THE PETITIONER TO THE RESPONDENT NO.2 TO