Asya vs The District Collector
2022 Latest Caselaw 8713 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
      THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                    WP(C) NO. 9749 OF 2022
PETITIONER/S:

            ASYA, AGED 65 YEARS, W/O. AHAMMEDKUTTY,
            THALOLIL HOUSE, MUNDAKKAL P.O.,
            MALAPPURAM DISTRICT,PIN - 673645
            BY ADV K.RAKESH
RESPONDENT/S:
    1    THE DISTRICT COLLECTOR
         COLLECTORATE, UP-HILL, MALAPPURAM, PIN - 676505
    2    MALAPPURAM DISTRICT PANCHAYATH
         CIVIL STATION ROAD,UP-HILL, MALAPPURAM,
         REPRESENTED BY ITS SECRETARY
         PIN - 676505
    3    KONDOTTY BLOCK PANCHAYATH
         KONDOTTY, MALAPPURAM
         REPRESENTED BY ITS SECRETARY, PIN - 673639
    4    CHEEKODE GRAMA PANCHAYATH
         MUNDAKKAL, CHEEKKODE, MALAPPURAM DISTRICT,
         REPRESENTED BY ITS SECRETARY, PIN - 673645
    5    THE EXECUTIVE ENGINEER(PROGRAM IMPLEMENTING
         UNIT), PRADHAN MANTRI GRAM SADAK YOJANA (PMGSY)
         DISTRICT PANCHAYATH MALAPPURAM, MALAPPURAM
         DISTRICT, PIN - 676505
         BY ADVS.
         GOVERNMENT PLEADER
         Vinod Singh Cheriyan
         T.M.KHALID(K/000047/2013)
         K.P.SUSMITHA(K/956/2001)
         DHEERAJ P.P.(K/1307/2021)
OTHER PRESENT:
         SMT.VIDYA KURIAKOSE, GP
     THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION    ON   07.07.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                     -2-
W.P.(C). No. 9749 of 2022



                            P.V.KUNHIKRISHNAN, J.
                            ======================================================

                              W.P.(C) No. 9749 of 2022
                        =============================================================

                      Dated this the 7th day of July, 2022

                                         JUDGMENT

The property of the petitioner is situated at a hillside and

over the top of the same, a panchayat road is also there. The

name of the panchayat road is Vavoor-Cheriyaparambu-

Mundakkal-Pothottipara-Oomanoor Road and it is just above

the property of the petitioner. In execution of Pradhan Mantri

Gram Sadak Yojana (PMGSY), a culvert is proposed to be

constructed and the entire water flowing through the road will

be collected and would pass through the culvert and as its

mouth is just above the property of the petitioner, the entire

water will flow to the agricultural property of the petitioner.

Aggrieved by the same, this writ petition is filed with following

prayers:

W.P.(C). No. 9749 of 2022

"i) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the respondents 1, 2, 3 and 5 to address the grievance of the petitioner by giving a opportunity of hearing before the implementation of project referred to in Exhibit P1 and P4;

ii. Issue a writ of mandamus or any other appropriate writs. orders directions commanding the 5th respondent to ensure that the private property of the petitioner will not be affected in any manner while executing the project referred to in Exhibit PI and P4.

iii. Declare that the respondents have no authority to execute a project causing detriment to the neighbouring population as it is violative of their fundamental right;

iv) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case." (sic)

2. Heard the learned counsel for the petitioner and the

counsel appearing for the Panchayat. I also heard the

Government Pleader.

3. The main prayer in the writ petition is to issue

directions to respondents 1 to 5 to address the grievance of the

W.P.(C). No. 9749 of 2022

petitioner by giving an opportunity of hearing before the

implementation of project referred to in Exts.P4 and P5. The

petitioner has a grievance that if the project is implemented, the

property of the petitioner will be flooded with water and crops

will be destroyed. According to the petitioner, the petitioner is

the ultimate looser, if the project is implemented. If that be so,

the matter needs to be looked into by the 5 th respondent. The

petitioner can file a representation before the 5th respondent

narrating the grievances. If such a representation is received,

there can be a direction to the 5th respondent to consider the

same, within a time frame, with notice to the petitioner and

respondents 2 to 4 also.

Therefore, this writ petition is disposed of in the following

manner:

1. The petitioner is free to submit a representation before the 5th respondent narrating the grievances

W.P.(C). No. 9749 of 2022

raised in this writ petition, within one week from the date of receipt of a coy of this judgment.

2. Once such a representation is received, the 5 th respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner and respondents 2 to 4.

3. The above exercises will be completed by the 5th respondent, as expeditiously as possible, at any rate, within three weeks from the date of receipt of the representation.

4. Till final orders are passed by the 5th respondent, all further proceedings consequent to Exts.P1 and P4 project shall be deferred.

5. The petitioner is free to produce additional statement or documents before the 5th respondent at the time of hearing.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 9749 of 2022

APPENDIX OF WP(C) 9749/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE COMMUNICATION DATED 24-2-2022 ISSUED BY THE SECRETARY OF CHEEKODE GRAMA PANCHAYATH Exhibit P2 PHOTOGRAPHS SHOWING THE LIE AND LOCATION OF THE SITE WHERE THE CULVERT IS PROPOSED Exhibit P3 TRUE COPY O THE MASS PETITION SUBMITTED BY THE LOCAL PUBLIC INCLUDING THE PETITIONER BEFORE THE 5TH RESPONDENT Exhibit P4 LETTER DATED 15-1-2022 ISSUED BY THE 5TH RESPONDENT Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER AND OTHERS BEFORE THE SECRETARY/PRESIDENT OF THE CHEEKODE GRAMA PANCHAYATH DATED, 15-2-

Exhibit P5(a) TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT OF EXHIBIT P5.

Exhibit P6 TRUE COPY OF THE AWARD DATED 25.4.2022 PASSED BY THE OMBUDSMAN, MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME (KERALA), MALAPPURAM.

RESPONDENT EXHIBITS Exhibit R5(d) True copy of the report given to the District Collector after the site inspection.

Exhibit R5(c) True copy of the minutes of meeting and call letter to the petitioner. Exhibit R5(e) True copy of the Minutes of PMC. Exhibit R5(b) True copy of the report by which the Panchayath has taken resolution to channelise the flow safely to natural stream.

W.P.(C). No. 9749 of 2022

Exhibit R5(a) True copy of the photograph of existing dip.