K.P.Thomas vs Parakkadavu Grama Panchayat
2021 Latest Caselaw 19331 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
                        WP(C) NO. 6315 OF 2021
PETITIONER:

          K.P.THOMAS
          AGED 69 YEARS
          SON OF K.T.PAILY, KANJIRATHINGAL HOUSE, PRAKKADAVU,
          ERNAKULAM DISTRICT-683579.

          BY ADVS.
          B.ASHOK SHENOY
          SRI.P.S.GIREESH
          SRI.RIYAL DEVASSY
          SHRI.DR.ABHILASH O.U.



RESPONDENTS:

    1     PARAKKADAVU GRAMA PANCHAYAT
          REPRESENTED BY ITS SECRETARY, KURUMASSERY PO,
          MOOZHIKKULAM, ERNAKULAM DISTRICT-683579.

    2     THE SECRETARY,
          PARAKKADAVU GRAMA PANCHAYAT, KURUMASSERY PO,
          MOOZHIKKULAM, ERNAKULAM DISTRICT-683579.

    3     P.O.POULOSE,
          S/O.VARKEY, PARANIKULANGARA HOUSE, PARAKKADAVU PO,
          ERNAKULAM DISTRICT-683579.

          BY ADV SRI.S.SUDHISH KUMAR




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6315 OF 2021

                                          2


                                   JUDGMENT

This writ petition is filed seeking the following reliefs:

"(a) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction forbearing the respondents from extending "Peruvazhikadavu Road" upto the banks of Chalakudy River, by reclaiming land from its present eastern tarred end upto the banks of the river, cutting down the steepness and by tarring it upto the bank of Chalakudy River;

(b) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 2 nd respondent to consider Exhibit P8 representation and pass appropriate orders on it in accordance with law, after hearing the petitioner, within a reasonable time limit as this Hon'ble Court may deem fit to fix in the facts and circumstances of the case;"

2. Heard the learned counsel for the petitioner and the learned

counsel appearing for respondents 1 and 2. In view of the directions

being issued, notice to the 3rd respondent is dispensed with.

3. The writ petition had been filed on the apprehension that

the respondents 1 and 2 are constructing a tarred road upto to the

banks of the Chalakkudy river and that such construction is

contrary to the provisions of the Protection of River Banks and

Regulation of Removal of Sand Act, 2001. The learned counsel for

the petitioner submits that Ext.P8 representation had also been

submitted by the petitioner before the Secretary requiring the WP(C) NO. 6315 OF 2021

Panchayath to abstain from making an such constructions against

the provisions of the Act.

4. A counter affidavit has been placed on record by 1 st and 2nd

respondents. It is submitted that work which has been carried out

by the Panchayath was only for renovation of the road and for

prevention of sand erosion from the road lying next to the river. It

is submitted that the present work is only for the construction of a

protection wall and that there is absolutely no intention to extend

the tarred road upto the shore of the river, as alleged. It is

submitted that there were some obstructions and complaints

preferred by residents of locality with regard to the height of the

protection wall. It is submitted that the existing road was only re-

tarred and that the Panchayath does not intend to construct any

road into the river as alleged by the petitioner.

In view of the statement and the submissions made by the

learned counsel appearing for the Panchayath, I am of the opinion

that the apprehension of the petitioner that a road is being

constructed upto the banks of the river is unfounded. In the above WP(C) NO. 6315 OF 2021

view of the matter, the submissions made in the counter affidavit

are recorded. It is made clear that no construction shall be made by

the respondent Panchayath against the provisions of the 2001 Act

and the road shall not be extended any further to the shores of the

river.

This writ petition is closed.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 6315 OF 2021

APPENDIX OF WP(C) 6315/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF RELEVANT PAGE NO.148 OF SAND AUDITING REPORT OF CHALAKUDY RIVER, DATED NIL PUBLISHED ON THE WEBSITE OF LAND REVENUE COMMISSIONER OF GOVERNMENT OF KERALA.

EXHIBIT P2 TRUE PHOTOGRAPH OF THE EASTERN END OF THE "PERUVAZHIKADAVU ROAD" OF 1ST RESPONDENT.

EXHIBIT P3 TRUE PHOTOGRAPH OF THE EASTERN END OF THE "PERUVAZHIKADAVU ROAD" OF 1ST RESPONDENT.

EXHIBIT P4 TRUE PHOTOGRAPH OF THE EASTERN END OF THE "PERUVAZHIKADAVU ROAD" OF 1ST RESPONDENT.

EXHIBIT P5 TRUE PHOTOGRAPH OF THE EASTERN END OF THE "PERUVAZHIKADAVU ROAD" OF 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF DETAILED ESTIMATE AS TO PERUVAZHIKKADAVU ROAD PUNARUDHARANAM IN WARD NO.12 OF 1ST RESPONDENT -TS NUMBER 43558/2020-2021 (EST. NO.2020/44378) DATED NIL.

EXHIBIT P7 TRUE PHOTOGRAPH TAKEN AT THE TIME OF FLOODING OF PETITIONER'S HOUSE.

EXHIBIT P8 TRUE COPY OF REPRESENTATION DATED 5.3.2021 SUBMITTED TO 2ND RESPONDENT SECRETARY OF 1ST RESPONDENT, BY PETITIONER.

EXHIBIT P9 TRUE COPY OF RECEIPT NO.1743 OF 2021 DATED 5.3.2021 ISSUED BY 1ST RESPONDENT TO PETITIONER.