Kerala High Court
Antony P.V vs The District Collector on 29 June, 2022
WP(C) NO. 12230 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 12230 OF 2022
PETITIONER/S:
ANTONY P.V.
AGED 86 YEARS
S/O ANTONY , VARKEY RESIDING AT PULLANTITHUNDATHIL HOUSE,
PUSHPAKANDAM P.O.PALAR, UDUMBANCHOLA TALUK, IDUKKI-685
552, REPRESENTED BY POWER OF ATTORNEY HOLDER DEVASIA
ANTONY, AGED 52 YEARS, S/O ANTONY P.V.RESIDING AT
PULLANITHUNDATHIL HOUSE, PUSHPAKANDAM P.O.PALAR,
UDUMBANCHOLA TALUK, IDUKKI-685 552.
BY ADV S.SUJINI
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
CIVIL STATION, COLLECTORATE, KUYILIMALA, PAINAVU
P.O.IDUKKI-686 603.
2 THE TAHASILDAR,
TALUK OFFICE, UDUMBUMCHOLA, MINI CIVIL STATION,
NEDUNGANDAM P.O.NEDUNGANDAM-685 553.
3 THE SECRETARY,
NEDUMKANDAM GRAMA PANCHAYAT, NEDUNKANDAM P.O.IDUKKI-685
553.
4 THE VILLAGE OFFICER,
PARATHOD VILLAGE, VILLAGE OFFICE, NEDUNKANDAM P.O.IDUKKI-
685 553.
5 VARGHESE ABRAHAM.,
AGED 55 YEARS
S/O ABRAHAM, MOOLAKKARA HOUSE, PALAR, PUSHPAKANDAM
P.O.PALAR, UDUMBANCHOLA TALUK, IDUKKI
BY ADV V.VINAY-R5, SMT.DEEPA NARAYANAN- SR.GP,
SMT.V.H.JASMINE-R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12230 OF 2022 2
P.V.KUNHIKRISHNAN, J
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W.P.(C) No.12230 of 2022
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Dated this the 29th day of June, 2022
JUDGMENT
The above writ petition is filed with following prayers :
"A. Issue a writ of Mandamus, or any other appropriate Writ,
Order or direction to the 3rd respondent directing to act upon
Exhibit P5 Report of the 4th respondent.
B. Issue a Writ of Mandamus or any other appropriate Writ,
Order or direction to the 1st respondent, to take appropriate
measures to close the pond, which is being built illegally on
Puramboke Land or in the alternative to build a safety wall around
the pond, if it's existence is found necessary, to ensure safety of
the pedestrians and passers-by.
C. Issue a Writ of mandamus or any other appropriate Writ,
Order or direction to the 2nd and 3rd respondent to immediately
take appropriate steps to look into the matter of encroachment by
the 5th respondent.
D. Issue a Writ of mandamus or any other appropriate Writ,
Order or direction to the respondents 1 to 4 to remove the huge
rocks ,filled up sands and other barricades which has altered the
flow of the river from it's natural course and restore the same in
it's earlier path.
E. Issue a Writ of mandamus or any other appropriate Writ,
Order or direction to the 1st respondent to immediately consider
Exhibit P9 representation in the light of Exhibit P5 Report.
F. Grant such other relief as this Hon'ble Court may deem fit
and proper in the interests of justice." [SIC]
2. The petitioner is a senior citizen aged 86 years. There
is a bridge leading to the petitioner's property from the
Nedungandam-Thevaram Muttu PWD Road. Underneath the said
bridge, there is river which forms part of the Idukki Project of
the Kerala State Electricity Board. It is stated by the petitioner
that there is an area of 22 feets of puramboke land where a
PWD road and the river flows in parallel. It is the case of the
petitioner that the said puramboke land lying close to the PWD
road, the 5th respondent has illegally dug a pond of 18 feet in
depth having a width of 12 feet for catering to irrigate his
agricultural crops. According to the petitioner, the said pond is
posing threat to life and peaceful existence of the petitioner and
his family. It is not possible to bifurcate the pond and the road,
as the said pond is situated half a metre away from the PWD
road and to the approach road to the petitioner's property.
Ext.P5 report submitted by the Village Officer to the Taluk Office
clearly depicts the danger posed by the pond's existence. But
even then, there is no response from the authorities. Ext.P9
representation is also not considered by the 1st respondent.
Hence, this writ petition is filed.
3. Heard the learned counsel for the petitioner and the
learned counsel appearing for the Panchayat. I also heard the
learned counsel appearing for the 5th respondent and the learned
Government Pleader.
4. The main grievance of the petitioner is about the pond
which according to the petitioner is situated in a dangerous
location. The petitioner is relying Ext.P5 report of the Village
Officer. The petitioner also submitted a representation before the
1st respondent. If that is the case, there can be a direction to the
1st respondent to consider the representation in the light of
Ext.P5, after giving an opportunity of hearing to the petitioner
and the 5th respondent.
Therefore, this writ petition is disposed of with the following
directions :
1) The 1st respondent is directed to consider and pass
appropriate orders in Ext.P9 representation, in the light of the
observation in Ext.P5 as expeditiously as possible, at any rate,
within one month from the date of receipt of a copy of this
judgment.
2) Before passing final orders, the 1st respondent will give
an opportunity of hearing to the petitioner and the 5th
respondent.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 12230/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOGRAPHIC VISUALS OF THE POND AND
THE SURROUNDING AREA
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED
14.7.2021 ADDRESSED TO THE 1DST RESPONDENT
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
14.7.2021 ADDRESSED TO THE 2ND RESPONDENT
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED
14.7.2021 ADDRESSED TO THE 3RD RESPONDENT
Exhibit P5 TRUE COPY OF THE REPORT SUBMITTED BY THE
4TH RESPONDENT TO THE 2ND RESPONDENT DATED
16.7.2021
Exhibit P6 TRUE COPY OF THE APPLICATION [REFERRED
UNDER THE RTI ACT BY THE PETITIONER TO THE
3RD RESPONDENT DATED 2.8.2021
Exhibit P7 TRUE COPY OF THE REPLY GIVEN BY THE 3RD
RESPONDENT IN RESPONSE TO THE EXHIBIT P6
RTI APPLICATION DATED 6.8.2021
Exhibit P8 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED
BY CARITHAS HOSPITAL, KOTTAYAM IN RESPECT
OF THE PETITIONER
Exhibit P9 TRUE COPY OF THE REPRESENTATION FILED
BEFORE THE 1ST RESPONDENT DATED 23.3.2022
