Kerala High Court
N.K.Kuriakose vs The District Collector on 9 September, 2021
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. 12446 OF 2021
PETITIONER:
N.K.KURIAKOSE, NARAKATHUKUDIYIL HOUSE, KRALIYELI,
VENGOOR, ERNAKULAM DISTRICT, PIN-683545.
BY ADV. BINU PAUL
RESPONDENTS:
1 THE DISTRICT COLLECTOR, CIVIL STATION,
KAKKANADU, ERNAKULAM-682030.
2 REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICE,
MUVATTUPUZHA, PIN-686661.
3 TAHSILDAR, KUNNATHUNADU TALUK, PERUMBAVOOR,
ERNAKULAM DISTRICT-683101.
4 VILLAGE OFFICER,
KOMBANADU VILLAGE, VENGOOR, PIN-683546.
5 THE SECRETARY,
VENGOOR GRAMA PANCHAYATH, VENGOOR P.O.,
ERNAKULAM DISTRICT-683546.
6 VENGOOR GRAMA PANCHAYATH,
VENGOOR P.O., ERNAKULAM DISTRICT-683546,
REP. BY ITS SECRETARY.
7 HEAD SURVEYOR,
KUNNATHUNADU TALUK, PERUMBAVOOR-683101.
8 TALUK SURVEYOR, KUNNATHUNADU TALUK, PERUMBAVOOR-683101.
*ADDL.R9 GIMMY P VARGHESE, AGED 56 YEARS, S/O P.V.GEEVARGHESE,
AREEKKAL PANKOTTU, KRARIYELI, KOMBANAD,
ERNAKULAM-683546.
WP(C) NO. 12446 OF 2021
-2-
*ADDL.R10 BINITHA RAJESH, AGED 44 YEARS, W/O.RAJESH V.K.,
TC 50/529(1), VETTIAMKUNNEL, PONNUMANGALAM, NEMOM
P.O., THIRUVANANTHAPURAM, KERALA -695 020.
*ARE IMPLEADED AS ADDL.R9 AND ADDL.R10 AS PER
ORDER DATED 9.9.2021 IN IA NO.1/2021 IN
W.P(C)NO.12446/2021.
BY ADVS.SRI.V.RAJENDRAN, SC, VENGOOR GRAMA
PANCHAYAT,
SREEDEVI KYLASANATH
ACHUTH KYLAS
JOSELAL GEORGE
R.MAHESH MENON
DEAGO JOHN K
SRI.ASHWIN SETHUMADHAVAN, SR.GP
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. 12446 OF 2021
-3-
JUDGMENT
The petitioner has approached this Court
alleging that certain people had encroached into a
public water canal, which is commonly known as
'Krariyeli Thodu' (hereinafter 'Thodu' for short).
2. According to the petitioner, the 5th
respondent - Secretary of the Grama Panchayat, is
obligated under the provisions of Section 218 of
the Kerala Panchayat Raj Act, 1994, to preserve
water sources; and that under the Kerala
Irrigation and Water Conservation Act, 2003, a
statutory obligation has been cast also upon the
competent Authorities to ensure this.
3. The petitioner further contends that the
District Collector is under duty to ensure that no
water channel is encroached upon and that the
Secretaries of the Grama Panchayats and
Municipalities are vested with necessary authority
WP(C) NO. 12446 OF 2021
for this purpose, under the Kerala Land
Conservancy Act, 1957, in addition to the afore
Statues.
4. The petitioner says that he, therefore,
preferred Ext.P2 application before the 5th
respondent - Secretary of the Grama Panchayat; and
prays that same be directed to be taken up and
disposed of, within a time frame to be fixed by
this Court.
5. The afore submissions of the petitioner,
made by Sri.Binu Paul - his learned counsel, were
answered by Sri.V.Rajendran Perumbavoor - learned
Standing Counsel appearing for respondents 5 and
6, saying that necessary action based on Ext.P2
will certainly be taken; and he then pointed out
that, in fact, an interim application has been
filed before this Court by his clients, numbered
as I.A.No.3 of 2021, wherein, they have sought
permission to conduct survey of the petitioner's
WP(C) NO. 12446 OF 2021
property.
6. Sri.V.Rajendran thus submitted that,
therefore, if this Court is so inclined, the 5 th
respondent - Secretary, will complete the
proceedings on Ext.P2 without any avoidable delay.
7. Sri.Achuth Kylas - learned counsel
appearing for the additional respondents,
submitted that the allegations of the petitioner
made in this writ petition are wholly untrue; and
that, in fact, it is he who has made constructions
encroaching into the 'Thodu' in question. He
showed me the photographs, produced along with the
impleading petition filed by his clients, namely
I.A.No.2 of 2021, in substantiation. He thus
prayed that if this Court is inclined to issue any
directions, then the 5th respondent - Secretary, be
directed to investigate into the construction of
the petitioner also.
WP(C) NO. 12446 OF 2021
8. The afore dialectical contentions being
recorded, it goes without saying that when a
complaint regarding encroachment into a public
'Thodu' or water channel is brought to the notice
of the Local Self Government Institution or such
other Authority, they are expected to act in terms
of the applicable statues without any avoidable
delay, since these assets are maintained and
possessed in public trust by the said Institution.
9. I am, therefore, of the firm view that
Ext.P2 will be required to be taken up and
necessary action thereon initiated and completed
by the 5th respondent without any further delay.
Resultantly, this writ petition is ordered and
the 5th respondent - Secretary of the Grama
Panchayat, is directed to take up Ext.P2
application of the petitioner and to initiate and
complete the action thereon - including
investigating into the construction of the
WP(C) NO. 12446 OF 2021
petitioner - as also against every other person
who is suspected to be in encroachment of the
public 'Thodu'.
The afore action shall be completed by the 5th
respondent, as expeditiously as is possible, but
not later than eight months from the date of
receipt of a copy of this judgment; and for such
purpose, I leave full liberty to the said
Authority to approach other respondents in this
writ petition appropriately for assistance, in
which event, they shall do so, without any delay,
taking note of the fact that the intention of this
Court is to ensure that encroachment, if any, into
the 'Thodu' in question, is removed as promptly as
possible.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 12446 OF 2021
APPENDIX OF WP(C) 12446/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE STOP MEMO ISSUED BY
THE VILLAGE OFFICER, KOMBANADU
NO.61/2021 DATED NIL.
EXHIBIT P2 TRUE COPY OF THE PETITION FILED BY THE
PETITIONER BEFORE THE 5TH RESPONDENT
DATED 8.6.2021.
RESPONDENT'S/S EXHIBITS :
EXHIBIT R9(A) THE TRUE COPY OF THE COMPLAINT FILED
BEFORE THE 4TH RESPONDENT BY THE 1ST
PETITIONER HEREIN DATED 01.06.2021.
EXHIBIT R9(B) THE TRUE COPY OF THE COMPLAINT FILED BY
THE PETITIONER HEREIN BEFORE THE
VENGOOR GRAMA PANCHAYATH GOVERNING BODY
DATED 02.06.2021.
EXHIBIT R9(C) THE TRUE COPY OF THE COMPLAINT FILED BY
THE 1ST PETITIONER HEREIN ALONG WITH
OTHER NATIVES BEFORE THE 2ND RESPONDENT
DATED 04.06.2021.
EXHIBIT R9(D) THE TRUE COPY OF THE NEWS ARTICLE IN
MALAYALA MANORAMA DAILY DATED
04.06.2021.
EXHIBIT R9(E) THE TRUE COPY OF THE NEWS ARTICLE IN
MATHRUBHUMI DAILY DATED 04.06.2021.
EXHIBIT R9(F) THE TRUE COPY OF THE NEWS ARTICLE IN
MATHRUBHUMI DAILY DATED 08.06.2021.
EXHIBIT R9(G) THE TRUE COPY OF THE NEWS ARTICLE IN
DESHABHIMANI DAILY DATED 08.06.2021.
EXHIBIT R9(H) THE TRUE COPY OF THE NEWS ARTICLE IN
WP(C) NO. 12446 OF 2021
MALAYALA MANORAMA DAILY DATED
08.06.2021.
EXHIBIT R9(I) THE TRUE COPY OF THE RECENT PHOTOGRAPHS
SHOWING THE ENCROACHMENTS INTO THE
THODU.
EXHIBIT R9(J) THE TRUE COPY OF THE COMPLAINT FILED BY
THE PETITIONER HEREIN ALONG WITH OTHER
NATIVES TO THE DISTRICT DISASTER
MANAGEMENT COMMITTEE CHAIRMAN DATED
15.06.2021.
EXHIBIT R9(K) THE TRUE COPY OF THE RTI FILED BEFORE
THE VENGOOR GRAMA PANCHAYATH DATED
28.06.2021.
EXHIBIT R9(L) THE TRUE COPY OF THE RTI REPLY ISSUED
TO THE 1ST PETITIONER HEREIN DATED
30.06.2021.
EXHIBIT R9(M) THE TRUE COPY OF THE COMPLAINT FILED
BEFORE THE HONOURABLE SUB JUDICIAL
MAGISTRATE (RDO) COURT, MUVATTUPUZHA,
BY NEARBY PADDY FARMER HEREIN DATED
17.01.2020.
//TRUE COPY//
P.A. TO JUDGE
