Kerala High Court
Meneesh Mathew vs The Sub Collector/ Rdo(Revenue ... on 24 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
WP(C) NO. 29610 OF 2021
PETITIONER:
MENEESH MATHEW
AGED 39 YEARS, S/O.ITTIYAVIRA MATHEW,
RESIDING AT MULAMOOTTIL HOUSE,
KUTTOOR VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT,
REPRESENTED BY HIS NEXT FRIEND AND GUARDIAN,
ITTIYAVIRA MATHEW, PIN - 689 102.
BY ADVS.
T.P.PRADEEP
R.K.PRASANTH
MINIKUMARY M.V.
RESPONDENTS:
1 THE SUB COLLECTOR/ RDO(REVENUE DIVISIONAL OFFICER)
REVENUE DIVISIONAL OFFICE, THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN - 689 101.
2 THE TAHAZILDAR
TALUK OFFICE, THIRUVALLA,
PATHANAMTHITTA DISTRICT - 689 101.
3 THE VILLAGE OFFICER
KUTTOOR VILLAGE, THIRUVALLA,
PATHANAMTHITTA DISTRICT - 689 106.
4 ASSISTANT EXECUTIVE ENGINEER
MINOR IRRIGATION DEPARTMENT,
THIRUVALLA, PATHANAMTHITTA DISTRICT - 689 101.
5 THE CHIEF ENGINEER
MINOR IRRIGATION DEPARTMENT,
THIRUVANANTHAPURAM - 695 001.
WP(C) NO. 29610 OF 2021
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6 ASSISTANT EXECUTIVE ENGINEER
OFFICE OF ASSISTANT EXECUTIVE ENGINEER,
THIRUVALLA - PATHANAMTHITTA DISTRICT - 689 101.
7 ASSISTANT ENGINEER,
LSGD SECTION, KUTTOOR P.O., THIRUVALLA,
PATHANAMTHITTA DISTRICT - 689 102.
8 KUTTOOR GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY,
KUTTOOR P.O., THIRUVALLA,
PATHANAMTHITTA DISTRICT - 689 102.
9 THE SECRETARY
KUTTOOR GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, KUTTOOR P.O.,
THIRUVALLA, PATHANAMTHITTA DISTRICT - 689 102.
10 KUTTOOR GRAMA PANCHAYAT COMMITTEE.
REPRESENTED BY ITS PRESIDENT, KUTTOOR P.O.,
THIRUVALLA, PATHANAMTHITTA DISTRICT - 689 102.
BY ADV SHRI.MANOJ RAMASWAMY, SC, KUTTOOR GRAMA
PANCHAYAT
SRI. RAJEEV JYOTHISH GEORGR, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 29610 OF 2021
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T.R. RAVI, J.
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W. P. (C). No. 29610 of 2021
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Dated this the 24th day of March, 2022
JUDGMENT
The writ petition has been filed praying to quash Ext.P16
decision by the 8th respondent and for a direction to the 10 th
respondent to allow the petitioner to construct box culvert and slab
over Mathirampuzha Thodu to get road access to his property as per
Ext.P2 plan. The petitioner had earlier approached this Court by filing
W.P.(C). No.20842/2017 and by Ext.P13 judgment read along with
Ext.P14 judgment in review, this Court had directed that if the
petitioner approaches the Grama Panchayat for any relief related to
the issue involved in the writ petition, the Panchayat and its Secretary
will definitely consider the judgment in W.P.(C). No.20842/2017 in
accordance with law. This Court had in Ext.P13 judgment categorically
noticed the fact that the Panchayat had taken a decision as per Ext.P3
to permit the request of the petitioner to construct a box type culvert
on pillars without affecting the free flow of water. Ext.P3 decision was
WP(C) NO. 29610 OF 2021
followed by Ext.P4 decision on 16.02.2019, wherein it was observed
that the permissions from the concerned Department like the
Irrigation Department may also be obtained. The petitioner submits
that he has obtained all the necessary permissions but by Ext.P16,
the Panchayat has decided not to grant permission which is totally
against the earlier decision taken by the Panchayat and which was
subject matter of consideration before this Court in Exts.P13 & P14
judgments.
2. The Panchayat has filed a statement. Having heard the
counsel for the petitioner and respondents and having gone through
the documents produced, this Court is of the view that the decision of
the Panchayat as seen from Ext.P16 is not justified in any manner.
There is no change of circumstances to warrant a different decision
from what is taken earlier as evidenced by Exts.P3 & P4. Moreover,
the above decisions were considered by this Court in Exts.P13 & P14
judgments and it is on the basis of those decisions that the directions
were issued to the petitioner to approach the authorities for relief. It
is unjust and unfair on the part of the 8th respondent to reverse their
WP(C) NO. 29610 OF 2021
stand at this stage, particularly when the petitioner requires putting
up of the slab for access to his property and this will not affect
anybody else. It is also on record that the Irrigation Department has
no objection to the course of action.
In such circumstances, this writ petition is allowed. Ext.P16
decision is set aside. There will be a direction to the 10 th respondent
to allow the petitioner to construct the box culvert and slab over the
Mathirampuzha thodu to get access to his property as per Ext.P2
plan, as already permitted by the 8 th respondent as per Exts.P3 & P4
decisions. The petitioner in the meanwhile, shall take steps to take
necessary orders from the Chief Engineer, Irrigation Department as
observed in Ext.P7 letter from the Assistant Executive Engineer to the
Revenue Divisional Officer. However, the 10th respondent need not
wait for the production of an approval from the Chief Engineer for the
purpose of granting permission to the petitioner, provided the
petitioner produces the agreement, which is stated to have been
executed between the petitioner and the officers of the Irrigation
Department regarding the construction of the slab over the thodu.
WP(C) NO. 29610 OF 2021
Necessary orders shall be issued within a period of one month from
the date of receipt of a copy of this judgment.
Sd/-
T.R. RAVI
JUDGE
Pn
WP(C) NO. 29610 OF 2021
APPENDIX OF WP(C) 29610/2021
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE STANDING DISABILITY
ASSESSMENT BOARD CERTIFICATE DATED
13/3/2015 ISSUED FROM DISTRICT HOSPITAL,
KOZHENCHERRY.
Exhibit P2 TRUE COPY OF THE PLAN SUBMITTED BEFORE THE
PANCHAYAT.
Exhibit P3 TRUE COPY OF THE RESOLUTION OF KUTTOOR
GRAMA PANCHAYAT COMMITTEE DATED 01/2/2018.
Exhibit P4 TRUE COPY OF THE RESOLUTION DATED 16/2/2019
OF THE KUTTOOR GRAMA PANCHAYAT COMMITTEE.
Exhibit P5 TRUE COPY OF THE COMMUNICATION OF THE 9TH
RESPONDENT DATED 31/03/2019.
Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED
01/07/2017 ISSUED BY THE 1ST RESPONDENT.
Exhibit P7 TRUE COPY OF THE LETTER OF THE 4TH
RESPONDENT DATED 08/5/2018.
Exhibit P8 TRUE COPY OF THE REPORT OF THE 6TH
RESPONDENT SUBMITTED BEFORE THE 1ST
RESPONDENT DATED 06/11/2019.
Exhibit P9 TRUE COPY OF THE REPORT OF THE VILLAGE
OFFICER DATED 24/2/2020.
WP(C) NO. 29610 OF 2021
Exhibit P10 TRUE COPY OF THE SITE INSPECTION REPORT
DATED 27/2/2019 OF THE 7TH RESPONDENT.
Exhibit P11 TRUE COPY OF THE LETTER OF THE 1ST
RESPONDENT DATED 16/04/2021.
Exhibit P12 TRUE COPY OF THE ORDER DATED 04/06/2020 OF
THE THAHSILDAR, THIRUVALLA.
Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 24/08/2021
IN WP(C) NO.20842/2017.
Exhibit P14` TRUE COPY OF THE ORDER DATED 26/10/2021 IN
RP NO.608/2021.
Exhibit P15 TRUE COPY OF THE REPRESENTATION DATED
29/09/2021 SUBMITTED BEFORE THE 9TH
RESPONDENT.
Exhibit P16 TRUE COPY OF THE RESOLUTION DATED
23/11/2021 BY THE PANCHAYAT COMMITTEE.
