Prasannan vs State Of Kerala
2022 Latest Caselaw 6906 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                       WP(C) NO. 18338 OF 2022
PETITIONERS:

    1     PRASANNAN,
          AGED 64 YEARS
          S/O. SADASIVAN, ANANDA SADANAM, CHERUKOL P.O,
          CHENNITHALA VILLAGE, ALAPPUZHA DISTRICT.

    2     PRASAD,
          AGED 57 YEARS
          S/O. SADASIVAN, ANANDA SADANAM, CHERUKOL P.O,
          CHENNITHALA VILLAGE, ALAPPUZHA DISTRICT.

          BY ADV K.S.HARIHARAPUTHRAN



RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY SECRETARY,
          EPARTMENT OF IRRIGATION, STATE SECRETARIAT,
          THIRUVANANTHAPURAM- 695 001.

    2     THE EXECUTIVE ENGINEER,
          MINOR IRRIGATION DEPARTMENT, MAVELIKKARA,
          ALAPPUZHA DISTRICT -689 121.

    3     ASSISTANT EXECUTIVE ENGINEER,
          IRRIGATION SUB- DIVISION, MAVELIKKARA,
          ALAPPUZHA -689121.

    4     THE ASSISTANT ENGINEER,
          MINOR IRRIGATION DEPARTMENT, CHENGANNUR,
          ALAPPUZHA DISTRICT -689 121.

    5     TAHASILDAR ,
          TALUK OFFICE, CHENGANNUR, ALAPPUZHA,
          DISTRICT- 689 121.
 WP(C) NO. 18338 OF 2022

                                   2



     6       BUDHANNUR GRAMA PANCHAYATH,
             ENNAKKAD P.O, CHENGANNUR,
             ALAPPUZHA DISTRICT -690105, REPRESENTED BY ITS
             SECRETARY.

             SRI.CYRIAC KURIAN, SPL GP FOR IRRIGATION.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   14.06.2022,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 18338 OF 2022

                                  3

                              JUDGMENT

When the case is taken up today, the counsel placed

before me a judgment of this Court in W.P.(C) No.2037 of 2022

and connected case, which was rendered in similar

circumstances.

2. I have gone through the judgment referred above

and find that the writ petitioners are seeking for the same

reliefs.

In such circumstances, I do not find any reason to take a

different view than what has been taken in the judgment

referred above. This writ petition is hence ordered in the same

manner in which the earlier judgment had been ordered with

the following directions:

(a) The competent authority will ensure that a proper

survey of Kuttamperoor River is conducted and its boundaries

and attributes identified and demarcated, which shall be done

with notice to the petitioners and such other persons who may

be interested.

(b) The petitioners will be given a copy of the survey WP(C) NO. 18338 OF 2022

sketch and the report. Thereafter, necessary action shall be

initiated to remove all encroachments/obstructions in

accordance with law.

(c) The status quo with respect to the properties of the

petitioners shall be maintained by both sides, without any

alteration of its lie or nature, till the exercise directed in (a)

and (b) above are completed.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 18338 OF 2022

APPENDIX OF WP(C) 18338/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED NO. 1601, DATED 04.11.1993 OF SRO MANNAR.

Exhibit P2 TRUE COPY OF BASIC TAX RECEIPT DATED 26.04.2022 ISSUED BY THE VILLAGE OFFICE, CHENNITHALA, TO THE 1ST PETITIONER.

Exhibit P3 TRUE COPY OF BASIC TAX RECEIPT DATED 26.04.2022 , ISSUED BY THE VILLAGE OFFICE CHENNITHALA, TO THE 2ND PETITIONER.