Janardanan A vs State Of Kerala
2022 Latest Caselaw 5344 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                        WP(C) NO. 13756 OF 2022
PETITIONER:

            JANARDANAN A.
            AGED 67 YEARS
            S/O LATE GOVINDAN NAIR, ARAKKAL HOUSE, HOUSE NO.140,
            EDAKUNNI NORTH RESIDENTS ASSOCIATION(ENRA), OLLUR.P.O,
            THRISSUR DISTRICT-680306.
            BY ADV ANESH PAUL
RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY SECRETARY TO THE GOVERNMENT,
            DEPARTMENT OF REVENUE, SECRETARIAT, TRIVANDRUM-695001.
    2       THE DISTRICT COLLECTOR
            FIRST FLOOR, CIVIL STATION, CIVIL LINES ROAD,
            AYYANTHOLE, THRISSUR DISTRICT-680003.
    3       THE REVENUE DIVISIONAL OFFICER
            REVENUE DIVISIONAL OFFICE, CIVIL STATION ANNEX,
            IRINJALAKUDA, THRISSUR DISTRICT-680125.
    4       THE VILLAGE OFFICER,
            VILLAGE OFFICE, KALLUR, IRINJALAKUDA,
            THRISUR DISTRICT-680317.
    5       THE SECRETARY
            TIKKUR GRAMA PANCHAYATH, KALLUR , IRINJALAKUDA,
            THRISSUR DISTRICT-680317.
    6       THE AGRICULTURAL OFFICER,
            KRISHI BHAVAN, TRIKKUR, THRISSUR DISTRICT-680317.
            SMT.VINITHA B, SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13756 OF 2022

                                        2


                                 JUDGMENT

Dated this the 20th day of May, 2022

This writ petition is filed seeking the following prayers:

"(a) Issue a writ of mandamus or any other appropriate writ, order directing the 2nd respondent District Collector to pass appropriate orders on Exhibit P9 representation preferred by the petitioner within a time limit stipulated by this Hon'ble Court.

(b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to make Exhibit P4 order already passed by the 2 nd respondent squarely applicable to all the land owners of the plot adjoining to that of the petitioner, namely, Sumathi, Prasad and their family members;

(c) Issue a writ of mandamus or any other appropriate writ, order or direction directing the compelling the 2 nd and 3rd respondents to ensure that the property in question is restored to its original status and to ensure that the water flow of the entire stream is also restored to its original status"

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

Government Pleader.

3. It is submitted by the learned counsel for the petitioner that the

petitioner is the owner in possession of two plots of land in

Mukundapuram of Thrissur District. It is submitted that the petitioner

has submitted Ext.P9 detailed representation before the 2 nd respondent WP(C) NO. 13756 OF 2022

pointing out that his immediate neighbor has made obstruction to the

natural flow of water in the neighboring land which has resulted in

flooding of the petitioner's agricultural property. It is submitted that

though a representation was submitted as early as in February, 2022,

and the petitioner was assured of speedy action on the same, no steps

have been taken thereon.

4. Having heard the learned counsel on either side, I am of the

opinion that the complaint raised in Ext.P9 requires an expeditious

consideration, with notice to the petitioner as well as the neighbor of

the petitioner against whom the petitioner raises allegation and any

other affected parties. Orders shall be passed on Ext.P9 within a period

of three weeks from the date of receipt of a copy of this judgment, after

hearing all concerned.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 13756 OF 2022

APPENDIX OF WP(C) 13756/2022

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE LAND REVENUE RECEIPT EVIDENCING THE PETITIONER'S OWNERSHIP OF PROPERTY Exhibit P2 A TRUE COPY OF THE COMPLAINT DATED 15.06.2016 FILED BY THE PETITIONER AND OTHERS TO THE 6TH RESPONDENT AGRICULTURAL OFFICER Exhibit P3 A TRUE COPY OF THE REPORT OF THE 6TH RESPONDENT AGRICULTURAL OFFICER DATED 25.06.2016 SENT TO THE 3RD RESPONDENT RDO Exhibit P4 A TRUE COPY OF ORDER NO.B/11/46799/2017 DATED 29.12.2018 PASSED BY THE 2ND RESPONDENT DISTRICT COLLECTOR Exhibit P5 A TRUE COPY OF THE VILLAGE OFFICER DATED 06.04.2018 Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 01.10.2019 PASSED BY THIS HON'BLE COURT IN W.P(C)NO.21591 OF 2019 Exhibit P7 A TRUE COPY OF THE REPLY DATED 18.03.2020 UNDER THE RIGHT TO INFORMATION ACT ISSUED BY THE 3RD RESPONDENT RDO EVIDENCING THE REJECTION OF THE SAID SUMATHI'S APPLICATION TO CONVERT HER PROPERTY Exhibit P8 A TRUE COPY OF THE PHOTOGRAPHS EVIDENCING THE CURRENT STATE OF THE PETITIONER'S PROPERTY Exhibit P9 A TRUE COPY OF THE DETAILED REPRESENTATION DATED 28.02.2022 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DISTRICT COLLECTOR, THRISSUR.

Exhibit P10 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT OF EXHIBIT P-9.

RESPONDENTS' EXHIBITS: NIL