Khalid Mundappilly vs The Superintending Engineer
2023 Latest Caselaw 4196 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                         WP(C) NO. 9423 OF 2023
PETITIONER:

          KHALID MUNDAPPILLY
          AGED 74 YEARS, S/O LATE MUHAMMED, , MUNDAPPILLY HOUSE,
          EDAYAPPURAM, ALUVA, ERNAKULAM DISTRICT, PIN - 683101

          BY ADVS.
          T.R.RAJAN
          ALAN J YOGYAVEEDU


RESPONDENTS:

    1     THE SUPERINTENDING ENGINEER
          O/O THE SUPERINTENDING ENGINEER, MINOR IRRIGATION CENTRAL
          CIRCLE, ERNAKULAM, PIN - 682017

    2     THE EXECUTIVE ENGINEER
          O/O THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION,
          KAKKANAD, ERNAKULAM, PIN - 682030

    3     THE ASSISTANT EXECUTIVE ENGINEER
          O/O THE MINOR IRRIGATION SUB DIVISION, THOTTAKKATTUKKARA,
          ALUVA., PIN - 683108

    4     THE ASSISTANT ENGINEER
          O/O THE ASSISTANT ENGINEER, MINOR IRRIGATION SECTION, PWD
          QUARTERS, PERIYAR NAGAR, ALUVA, KERALA, PIN - 683101

    5     THE TAHSILDAR(LAND RECORDS)
          MINI CIVIL STATION, CIVIL STATION RD, PERIYAR NAGAR, ALUVA,
          KERALA., PIN - 683101

    6     THE VILLAGE OFFICER
          KEEZHMADU VILLAGE OFFICE, KEEZHMADU, ALUVA, KERALA, PIN -
          683112


OTHER PRESENT:

          SMT. C S SHEEJA (SR GP)

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.9423/2023                       -2-

                                  JUDGMENT

The petitioner has approached this court seeking the following reliefs;

"I. issue a writ in the nature of mandamus or any other writ order or direction commanding the 5th respondent to fix the boundary of the 'Thuruthy Thodu' in terms of the Form 10 notice submitted by the 4 th respondent as is evidenced by Ext.P4 and P6 communications within a time limit to be fixed by this hon'ble Court.

II. issue a writ in the nature of mandamus or any other writ order or direction commanding the 1st to 4th respondents to take appropriate action to remove the sediments, silts and sludges etc. from the ''Thuruthy Thodu' pursuant to the decision reflected in Ext.P3 communication within a time limit to be fixed by this hon'ble Court after fixation of boundary consequential to prayer No.I."

2. The learned counsel for the petitioner submits that the canal in

question is one abutting the property of the petitioner and the canal is now

completely covered with sludge and sediments which have to be removed to ensure

that there is no flooding during the rainy season. It is submitted that the boundaries

of the canal have to be properly identified, to restore the canal to its original

position. It is submitted that the 4th respondent has already requested the 5th

respondent to conduct a survey to identify the boundaries of the canal. The

petitioner prays that the survey taken up and completed within a time frame to be

fixed by this court.

3. The learned Senior Government Pleader would submit that since the

boundaries of the entire canal has to be fixed, substantial time may be required

considering the work involved. It is pointed out that a team of surveyors may have

to be deputed for the said purpose.

4. Having heard the learned counsel for the petitioner and the learned

Senior Government Pleader for respondents, this writ petition will stand disposed

of directing the 5th respondent to take up the request made by the 4 th respondent for

identifying the boundaries of the canal in question and complete the survey and fix

the boundaries as requested by the 4th respondent within a period of four months

from the date of receipt of a certified copy of this judgment. It is open to the 5 th

respondent to request the District Survey Superintendent to depute sufficient

number of surveyors to complete the work within the time fixed as above. After the

survey is completed and the boundaries are fixed, the respondents 1 to 4 will ensure

that the canal is restored to its original position without any further delay.

Sd/-

GOPINATH P.

JUDGE

AMG

APPENDIX OF WP(C) 9423/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PETITION DATED 25/10/2021 SUBMITTED BY THE PETITIONER BEFORE THE HONBLE CHIEF MINISTER OF KERALA

Exhibit P2 TRUE COPY OF THE COMMUNICATION DATED 18/12/2021 OF THE 1ST RESPONDENT TO THE PETITIONER

Exhibit P3 TRUE COPY OF THE COMMUNICATION DATED 15/1/2022 OF THE 1ST RESPONDENT TO THE PETITIONER

Exhibit P4 TRUE COPY OF THE COMMUNICATION DATED 13/7/2022 OF THE 3RD RESPONDENT TO THE PETITIONER

Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED 27/2/2023 OF THE 3RD RESPONDENT TO THE PETITIONER

Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED 27/2/2023 OF THE 6TH RESPONDENT TO THE PETITIONER