Kerala High Court
Antony Iype vs State Of Kerala on 11 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
WP(C) NO. 27897 OF 2014
PETITIONER/S:
1 ANTONY IYPE
AGED 55 YEARS,S/O IYPE,
KODUVELIPARAMBIL HOUSE, CHENNUR, KOTHAD.P.O,
KADAMAKUDUY VILLAGE, ERNAKULAM DISTRICT.
BY ADV SRI.ANTONY M. AMBAT
RESPONDENT/S:
1 STATE OF KERALA
REP. BY CHIEF SECRETARY TO GOVT. OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE PRINCIPAL SECRETARY TO GOVT. OF KERALA
DEPARTMENT OF LOCAL SELF GOVERNMENT,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3 THE PRINCIPAL SECRETARY TO GOVT. OF KERALA
DEPARTMENT OF REVENUE, GOVT.SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
4 GOSHREE ISLANDS DEVELOPMENT AUTHORITY
REPRESENTED BY SECRETARY,OFFICE OF THE GIDA,
PARK AVENUE,OLD COLLECTORATE CAMPUS,KOCHI-682 011.
5 DISTRICT COLLECTOR
ERNAKULAM DISTRICT COLLECTORATE,
KAKKANADU,KOCHI-682 030.
BY ADV SRI.VARGHESE K.PAUL
SRI.JOBY JOSEPH, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.27897 of 2014
2
JUDGMENT
Dated this the 11th day of January, 2023
Petitioner is an inhabitant of Chennur Island, which is one
of the nine Islands of Kadamakkudy Village and Kadamakkudy
Grama Panchayat. The case projected by the petitioner is that
the petitioner and other inhabitants of the Island are facing
acute transportation problem in reaching Ernakulam city and
decades long agitations by the people culminated in Exhibit
P8 Government Order in order to construct Kothad-Chennur
Bridge. According to the petitioner, though G.O.
(Ms)No.298/11/LSGD dated 30.11.2011 was ordered in 2011
and handed over to the 5th respondent - District Collector,
Ernakulam for execution, the 5 th respondent is not taking any
action. It is thus seeking the following reliefs, the writ
petition is filed.
"(i) call for records leading to the formulation of Ext.P8
order of the Government and issue necessary direction
to implement the same with utmost priority.
(ii) Issue necessary directions to the 5 th respondent to
implement Ext.P8 order.
W.P.(C)No.27897 of 2014
(iii) Instruct other respondents to assist the 5 th respondent
in implementing Ext.P8, the GO(MS)No.298/11/LSGD
dated 30.11.2011 without further delay."
2. Even though there is appearance for the Goshree
Islands Development Authority (GIDA) - the 4th respondent,
no counter affidavit is filed but fact remains, the question
with respect to the problems faced by the inhabitants of
Kadamakkudy Grama Panchayat was considered by a Division
Bench of this court (to which I am a party) in W.P.(C)Nos.1760
of 2013 and 12277 of 2018 and after taking into account the
counter affidavit/statement filed by the GIDA, the following
observations and directions are made:
"5. Going through the said report, we are satisfied
that, substantially, the reliefs sought for in the writ
petitions have been materialized, many projects are
completed in all respects, many are going on, basic
infrastructure and other facilities are already provided
substantially, money for conducting the works are
pumped in by GIDA,and to point out significantly, we are
informed that the Pizhala Bridge is opened for the public
during the pendency of the writ petitions, and therefore it
is clear that, though directions sought for in the writ
petitions are not completed in its entirety, they are
W.P.(C)No.27897 of 2014
substantially complied with.
6. Mr. S. Subhash Chand, learned counsel appearing
for the Kerala State Legal Services Authority, and Adv.
Sherry J. Thomas submitted that, still, issues relating to
the widening of the road, land acquisition, other
inevitable amenities etc. are remaining undischarged, in
order to facilitate smooth traffic, for dealing with
emergent situations, and other aspects to avoid the
apprehensions of the islanders.
7. However it was pointed out by the respective
counsel for the corporations that substantial steps have
been taken by the GIDA / State Government for the
acquisition of the land and the learned counsel for the
GIDA submitted that, as soon as the land acquisition is
complete, effective steps will be taken to complete the
widening of the road, other constructions, and other
requirements for ensuring the redressal of the grievances
of the islanders and thus to protect their basic and human
rights extended under part 111 of the Constitution of
India. We are also of the opinion that the State has a duty
and obligation to ensure that the fundamental rights
guaranteed under the Constitution of India are extended
to the inhabitants of the islands, apart from discharging
the duties and obligations contained under Part 1V and
Part 1V A of the Constitution.
8. In that view of the matter and taking into account
the status report submitted by the GIDA, the writ
petitions can be disposed of recording that, substantially,
the issues raised by the petitioners are complied with by
W.P.(C)No.27897 of 2014
GIDA / State Government and other agencies.
Therefore, we direct the GIDA / State Government,
Kerala Water Authority , respective Local Bodies and all
other stakeholders, to expedite the completion of land
acquisition proceedings, and complete the work of the
widening of the road, construction of the bridges and
other allied works, for facilitating smooth and efficient
traffic, within the island areas in question, and to carry out
all other works required for securing the basic amenities
of the Islanders in a war footing and expeditiously as
possible. The State Government and the respective
agencies are also directed to find sufficient resources for
meeting the expenses and the funds required to complete
the projects."
3. Today, when the matter is taken up, learned standing
counsel for the GIDA - the 4th respondent submitted that land
acquisition proceedings are complete and estimate
preparation is in progress, however, technical sanction is to be
obtained from the Government. It is also submitted that
thereafter the work will be tendered and the GIDA is making
every attempt to complete the project as early as possible.
Learned standing counsel further submitted that CRZ
clearance is also required for the project.
W.P.(C)No.27897 of 2014
In that view of the matter, after perusing the pleadings
and documents on record and hearing learned counsel
Sri.Antony M. Ambat for the petitioner; learned standing
counsel Sri. Varghese K. Paul for the GIDA and learned Senior
Government Pleader Sri.Joby Joseph, this writ petition is
disposed of in terms of the Division Bench judgment in W.P.
(C)Nos.1760 of 2013 and 12277 of 2018 and also recording the
developments that have taken place as is stated above after
the disposal of the writ petitions by the Division Bench in the
aforesaid writ petitions.
Sd/-
Shaji P. Chaly
Judge
vpv
W.P.(C)No.27897 of 2014
APPENDIX OF WP(C) 27897/2014
PETITIONER EXHIBITS
EXT.P1 COPY OF THE IDENTITY CARD ISSUED BY ELECTION
COMMISSION OF INDIA
EXT.P2 COPY OF THE RATION CARD ISSUED BY TALUK SUPPLY
OFFICER,KANAYANNUR TALUK.
EXT.P3 COPY OF THE TAX RECEIPT ISSUED BY KADAMAKUDY
VILLAGE.
EXT.P4 COPY OF THE PROPERTY TAX RECEIPT ISSUED BY
KADAMAKUDY GRAMA PANCHAYATH
EXT.P5 COPY OF THE REPRESENTATION DATED 30-11-2005
SUBMITTED TO THE CHIEF MINISTER
EXT.P5(A) COPY OF THE MEMORANDUM DATED 5-11-2013
SUBMITTED TO THE CHIEF MINISTER
EXT.P5(B) COPY OF THE RESOLUTION DATED 3-10-2013 ADOPTED
BY THE GRAMA PANCHAYATH
EXT.P6 COPY OF THE ITEM NO.5 OF THE MINUTES OF THE
JOINT MEETING DTD 26-12-2005 COUNCILS OF GCDA
AND GIDA
EXT.P7 COPY OF THE PUBLIC NOTICE DATED 21-02-2011
ISSUED BY THE DISTRICT COLLECTOR AND PRESIDENT,
KADAMAKUDY GRAMA PANCHAYAT.
EXT.P8 COPY OF THE G.O.(MS)NO.298/2011/LSGD,
THIRUVANANTHAPURAM DATED 30.11.2011
EXT.P9 COPY OF THE STATUS REPORT DATED 05.04.2014.
//TRUE COPY//
P.A. TO JUDGE
