Neena Mani Paul vs The Superintending Engineer
2022 Latest Caselaw 5419 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                        WP(C) NO. 16430 OF 2022
PETITIONER:

            NEENA MANI PAUL,
            AGED 63 YEARS
            D/O KUNJAMMA VARGHESE, KOTTISSERIKUDIYIL HOUSE,
            CHELAD.P.O, KOTHAMANGALAM, NOW RESIDING AT 11 GH,
            SKYLINE TOPAZ, KALOOR, COCHIN-682017.
            BY ADVS.
            V.K.DINESH KUMAR
            SANEL CHERIAN


RESPONDENTS:

    1       THE SUPERINTENDING ENGINEER,
            OFFICE OF THE SUPERINTENDING ENGINEER,
            IRRIGATION PROJECT CIRCLE, PIRAVOM,
            ERNAKULAM DISTRICT, PIN - 686 664.
    2       STATE OF KERALA,
            REPRESENTED BY SECRETARY, WATERS RESOURCE DEPARTMENT,
            SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
            BY ADV.SRI.P.S APPU, GOVERNMENT PLEADER

     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. 16430 OF 2022

                                 2




                P.V.KUNHIKRISHNAN, J.
               ------------------------------
              W.P.(C).No. 16430 of 2022
       ----------------------------------------------
         Dated this the 20th day of May, 2022


                        JUDGMENT

The above writ petition is filed with the following prayers:

"(i) To issue a writ of mandamus or any other writ, order or direction, directing the 1 st respondent to consider and dispose of Exhibit P1 application within a time limit.

(ii) And issue and grant such other and further reliefs, directions or orders as this Honourable Court may deem fit and proper in the circumstances of the case including costs."[SIC]

2. When this writ petition came up for

consideration, the counsel appearing for the petitioner

submitted that he will be satisfied if a direction is issued

to consider Ext.P1 within a time frame. Ext.P1 is an

application in Form No.3A of the Kerala Irrigation and

Water Conservation Rules 2005.

3. Heard the learned Government Pleader also. WP(C) NO. 16430 OF 2022

4. After going through the averments in the writ

petition and after hearing both sides, I think there can

be a direction to consider Ext.P1 within a time frame.

Therefore, this writ petition is disposed of in the

following manner:

i. The 1st respondent is directed to consider Ext.P1, as

expeditiously as possible, at any rate, within a period of

one month from the date of receipt of a copy of this

judgment.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 16430 OF 2022

APPENDIX OF WP(C) 16430/2022

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE FORM NO.3A UNDER RULE 5 A(2) OF KERALA IRRIGATION AND WATER CONSERVATION RULES DATED 25.03.2022.

EXHIBIT P2 A TRUE COPY OF THE TREASURY CHALLAN REMITTED IN THE HEAD OF ACCOUNT NO.0701-80-103 DATED 25/03/2022. EXHIBIT P3 A TRUE COPY OF THE PROPOSED SITE PLAN OF THE CONCRETE SLAB ACROSS THE CADA CANAL.

RESPONDENTS EXHIBITS :NIL

//TRUE COPY//

PA TO JUDGE