Kerala High Court
All Kerala River Protection ... vs The Land Revenue Commissioner on 13 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
WP(C) NO. 3432 OF 2022
PETITIONER:
ALL KERALA RIVER PROTECTION COUNCIL,
REG. NO.1052/99, SAMSKRITHI, KUTHIRAVATTAM P.O.,
KOZHIKODE-673016, REPRESENTED BY ITS GENERAL SECRETARY,
T.V. RAJAN, S/O. APPUTTY, AGED 68 YEARS.
BY ADVS.
T.C.SURESH MENON
B.DEEPAK
RESPONDENTS:
1 THE LAND REVENUE COMMISSIONER,PUBLIC OFFICE BUILDING,
MUSEUM ROAD, VIKAS BHAVAN, THIRUVANATHAPURAM-695033.
2 THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM-695001.
3 THE REVENUE DIVISIONAL OFFICER,CIVIL STATION,
KUDAPPANAKKUNNU, THIRUVANANTHAPURAM-695043.
4 THE TAHSILDAR,CHIRAYINKEEZHU, ATTINGAL POST,
THIRUVANANTHAPURAM-695101.
5 THE ASSISTANT DIRECTOR, SURVEY AND LAND RECORDS
DEPARTMENT, NEYYATTINKARA, THIRUVANANTHAPURAM-695001.
6 UNNI PILLAI,S/O. GOVINDA PILLAI, RESIDING AT CHARUVILA
PUTHEN VEEDU, PERUMKULAM POST, THIRUVANANTHAPURAM-
695102.
7 PRASANNA KURUP,RESIDING AT KARUMOPALAYIL HOUSE,
PERUMKULAM POST, THIRUVANANTHAPURAM-695102.
G.P-SRI.K.P.HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) 3432/2022 :2:
JUDGMENT
Murali Purushothaman, J.
This is a Public Interest writ petition filed by All Kerala River
Protection Council, a registered NGO, which claims to be actively
involved in protection of rivers, water bodies and water chals against
large scale reclamation of canals which are linked to Valiyathodu
situated in Melathingal Ela of Kizhatinjal village of Chirayinkeezhu
Taluk in Thiruvananthapuram District. According to the petitioner,
small canals, which are used to provide drainage facility to the paddy
fields, are converted into roads and the reclamation of canals in the
area has led to stagnation of water. The petitioner points out that a
canal passing through Survey Nos.280 to 302 of Kizhatinjal village
was unauthorisedly reclaimed by the 6th respondent. It is stated that
though a portion of the canal was restored pursuant to Ext.P3
judgment, that alone would not serve any fruitful or practical purpose
and the entire water bodies in the area would have to be determined
and restored on the basis of litho sketch and by availing the services
WP(C) 3432/2022 :3:
of the Kerala State Remote Sensing and Environment Center. The
reliefs sought for in the writ petition are as follows:-
"(i) call for the records leading to the passing of Ext.P6
by the 4th respondent and quash the same by the issue
of a writ of certiorari or other appropriate writ, order or
direction;
(ii) call for the records leading to the passing of Ext.P9
by the 5th respondent and quash the same by the issue
of a writ of certiorari or other appropriate writ, order or
direction;
(iii) issue a writ in the nature of mandamus directing
respondents 1 to 5 to restore all the water bodies that
were in existence in the Chirayinkeezhu Taluk by
placing reliance upon Ext.P5 litho sketch which clinch
the existence of these water bodies;
(iv) issue a writ in the nature of mandamus directing
respondents 1 to 5 to avail of the services of the Kerala
State Remote Sensing and Environment Center to
determine the canals that were in existence prior to
1980, when the initial survey of this area was
conducted.
v)issue a writ in the nature of mandamus directing
respondents 1 to 5 to take effective and positive steps
to implement in letter and spirit Exts.P1 and P2 by
restoring the entire canals leading up to the
Vamanapuram River;"
2. A statement has been filed on behalf of the 4th respondent,
Thahsildar (Land Records) and the relevant paragraphs are extracted
WP(C) 3432/2022 :4:
hereunder:-
"2. It is submitted that, the Writ Petition submitted by All
Kerala River protection Council before the Honourable
High Court of Kerala to restore ditch in the land comprised
in Survey Number 280 to 302 of Keezhattingal Village as
per litho map and old survey sketch. The petitioner alleging
the omission of the ditch in resurvey records that are in
existence in old litho map of Keezhattingal Village and
requested in include and reinstate the same. The petition
was sent to the Village Officer, Keezhattingal for enquiry
and report. The Village officer, Keezhatting in report No.
202/2023 dated 23/03/2023 reported that this place is
comprised in Re-survey Number 60/17 in Block 11 of
Keezhattingal Village. As per resurvey records (BTR) of
settlement this place is recorded as Nilam. A road is situated
on south and west side of this place and about 25 families
including schedule caste groups are using this route as a
pathway. This road constructions was done in the period of
2010-11 & resurvey records implemented at this Village in
2014. As per resurvey records this place is recorded as
'Road'. If the resurvey records are handed over to the
revenue administration, the Village Officer can work only
on the basis of this resurvey records.
3. As per resurvey records, this land is not recordes as
'ditch' and the petitioner be demands that the ditch be
restored on this land using lithomap of old survey sketch.
The resurvey records have come into force in Keezhattingal
Village in 2014 and this land remains as a road as per
resurvey records and this road is the main travel route for
families including twenty five scheduled casts groups. So
the restoration of the ditch at this place is not possible
through this office."
WP(C) 3432/2022 :5:
3. Going by the statement of the 4 th respondent, the land in
question is not a ditch and is a road and as per the re-survey records,
the road was formed during the period 2010-2011. It is stated that
the re-survey records were implemented in the village, in the year
2014. It is also stated that the road is used by about 25 families
including scheduled castes.
4. This public interest writ petition has been filed in the year
2022. The petitioner could have approached this Court when steps
were taken to convert the canal into road, as alleged by them. The
road has been formed during 2010-2011 and public are using the said
road. As held by the Hon'ble Supreme Court in Narmada Bachao
Andolan v. Union of India [2000 (10) SCC 664:AIR 2000 SC
3751:2000 KHC 1685], if challenge to the execution of a project is
made after its execution has commenced, the PIL should be thrown
out at the very threshold on ground of laches.
After hearing the learned counsel for the petitioner at length
and going through the statement filed by the 4 th respondent, we are of
the view that converting the road back to canal, as prayed for by the
WP(C) 3432/2022 :6:
petitioner, would be against public interest. Therefore, in large
public interest, we are not inclined to accept the contentions of the
petitioner and the writ petition is dismissed.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
spc/
WP(C) 3432/2022 :7:
APPENDIX OF WP(C) 3432/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER PASSED BY THE 3RD
RESPONDENT DATED 04/01/2012.
Exhibit P1(A) ENGLISH TRANSLATION OF EXT.P1.
Exhibit P2 TRUE COPY OF THE LETTER ADDRESSED BY THE
3RD RESPONDENT TO THE 4TH RESPONDENT
DATED 07/03/2012.
Exhibit P2(A) ENGLISH TRANSLATION OF EXT.P2.
Exhibit P3 TRUE COPY OF THE JUDGMENT IN WPC
NO.9735/2012 ON THE FILE OF THIS
HONOURABLE COURT DATED 11/11/2015.
Exhibit P4 TRUE COPY OF THE JUDGMENT IN CCC NO.
448/2016 ON THE FILE OF THIS HONOURABLE
COURT DATED 18/01/2017.
Exhibit P5 TRUE COPY OF THE LITHO SKETCH PROCURED BY
THE PETITIONER.
Exhibit P6 TRUE COPY OF THE LETTER DATED 09/09/2015.
Exhibit P6(A) TRUE COPY OF THE ENGLISH TRANSLATION OF
EXT. P6.
Exhibit P7 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER BEFORE THE 5TH
RESPONDENT DATED 24/10/2015.
Exhibit P7(A) TRUE COPY OF THE ENGLISH TRANSLATION OF
EXT.P7.
Exhibit P8 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER DATED 03/03/2014.
Exhibit P8(A) TRUE COPY OF THE ENGLISH TRANSLATION OF
EXT.P8.
Exhibit P9 TRUE COPY OF COMMUNICATION FROM THE
OFFICE OF THE 5TH RESPONDENT DATED
07/01/2017.
Exhibit P9(A) TRUE COPY OF ENGLISH TRANSLATION OF
EXT.P9.
WP(C) 3432/2022 :8:
Exhibit P10 TRUE COPY OF THE JUDGMENT DATED
11/11/2021 IN WPC NO.19307/2017.
