Maneesh G vs State Of Kerala
2023 Latest Caselaw 10834 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                       WP(C) NO. 34631 OF 2023
PETITIONERS:

    1     MANEESH G, AGED 42 YEARS,
          S/O. GOPALAKRISHNAN K, SANTHOSH NIVAS,
          S.N. NAGAR, MALAMPUZHA, PALAKKAD DISTRICT,
          LICENSEE, STALL NO.R.6, MALAMPUZHA GARDENS,
          PALAKKAD DISTRICT., PIN - 678651.

    2     T.K. MANIKANDAN, AGED 52 YEARS,
          S/O. LATE. KRISHNAN, THOTTINGAL HOUSE,
          S.N.NAGAR, MALAMPUZHA, PALAKKAD DISTRICT,
          LICENSEE, STALL NO.R.5, MALAMPUZHA GARDENS,
          PALAKKAD DISTRICT., PIN - 678651.

    3     MINI.K, AGED 39 YEARS, W/O.VINODHKUMAR,
          MANI NIVAS, S.N.NAGAR, MALAMPUZHA,
          PALAKKAD DISTRICT, LICENSEE, STALL NO.R.2,
          MALAMPUZHA GARDENS, PALAKKAD DISTRICT., PIN - 678651.

    4     BUSHRA.K, AGED 49 YEARS, W/O.ABDUL KHADER,
          KODAKKANCHERRY HOUSE, CHERAD, MALAMPUZHA,
          PALAKKAD DISTRICT, LICENSEE, STALL NO.L.3,
          MALAMPUZHA GARDENS, PALAKKAD DISTRICT., PIN - 678651.

          BY ADVS.
          JACOB SEBASTIAN
          ANU JACOB
          WINSTON K.V
          KEERTHY RAJ


RESPONDENTS:

    1     STATE OF KERALA, REPRESENTED BY SECRETARY TO
          GOVERNMENT, DEPARTMENT OF WATER RESOURCES,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM., PIN - 695001.

    2     THE CHIEF ENGINEER,
          OFFICE OF THE CHIEF ENGINEER,
          IRRIGATION PROJECTS ONE, WEST HILL,
          KOZHIKODE DISTRICT., PIN - 673005.
 WP(C) NO. 34631 OF 2023
                                   -2-

    3          THE EXECUTIVE ENGINEER,
               OFFICE OF THE EXECUTIVE ENGINEER,
               IRRIGATION DIVISION, MALAMPUZHA,
               PALAKKAD DISTRICT., PIN - 678651.

    4          THE ASSISTANT ENGINEER,
               OFFICE OF THE ASSISTANT ENGINEER,
               DAM DIVISION, MALAMPUZHA,
               PALAKKAD DISTRICT., PIN - 678651.

    5          THE DISTRICT COLLECTOR,
               PALAKKAD, COLLECTORATE,
               CIVIL STATION, PALAKKAD DISTRICT.,
               PIN - 678001.

               BY ADV.SMT.VIDYA KURIAKOSE, GP


        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   19.10.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 34631 OF 2023
                                -3-

                          JUDGMENT

The petitioners seek that the 3rd respondent

- Executive Engineer, be directed to take up and

dispose of Ext.P10 representation, preferred by

them, within a time frame to be fixed by this

Court.

2. The learned Senior Government Pleader -

Smt.Vidya Kuriakose, submitted that, if the

petitioners only require Ext.P10 to be taken up

and disposed of by the 3rd respondent, there does

not appear to be any legal impediment in doing

so; however, praying that this Court may not

make any affirmative declarations in their

favour in this judgment and leave it to the said

Authority to take an apposite decision, as per

law.

Resultantly, I order this writ petition and

direct the 3rd respondent - Executive Engineer,

to take up Ext.P10 representation and dispose it WP(C) NO. 34631 OF 2023

of, after affording an opportunity of being

heard to the petitioners; thus culminating in an

appropriate order and necessary action thereon,

as expeditiously as is possible, but not later

than one month from the date of receipt of a

copy of this judgment.

Needless to say, until such time as the

afore exercise is completed and the resultant

order communicated to the petitioners, status

quo with respect to the shops in question as

available at 11.15 a.m. today (19.10.2023) shall

be maintained by the official respondents.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 34631 OF 2023

APPENDIX OF WP(C) 34631/2023

PETITIONER EXHIBITS

EXHIBIT-P1 A TRUE COPY OF THE REVENUE STATEMENT OF ACCOUNTS OF THE MALAMPUZHA GARDEN DATED 16.07.2021 ISSUED BY THE FOURTH RESPONDENT.

EXHIBIT-P2 A TRUE COPY OF THE LETTER DATED 16.06.2020 ISSUED BY THE SECOND RESPONDENT TO THE FIRST RESPONDENT.

EXHIBIT-P3 A TRUE COPY OF THE LETTER DATED 27.10.2020 ISSUED BY THE FIRST RESPONDENT TO THE SECOND RESPONDENT.

EXHIBIT-P4 A TRUE COPY OF THE LETTER DATED 10.08.2021 ISSUED BY THE THIRD RESPONDENT TO THE FIFTH RESPONDENT.

EXHIBIT-P5 A TRUE COPY OF THE LETTER DATED 09.09.2021 ISSUED BY THE SECOND RESPONDENT TO THE FIRST RESPONDENT.

EXHIBIT-P6 A TRUE COPY OF THE REPRESENTATION DATED 05.09.2022 SUBMITTED BY THE PETITIONERS BEFORE THE FIRST RESPONDENT.

EXHIBIT-P7 A TRUE COPY OF THE ORDER DATED 19.03.2004 ISSUED BY THE THIRD RESPONDENT.

EXHIBIT-P8 A TRUE COPY OF THE ORDER DATED 28.09.2007 ISSUED BY THE THIRD RESPONDENT.

EXHIBIT-P9 A TRUE COPY OF THE MINUTES OF THE MEETING HELD IN THE CHAMBER THIRD RESPONDENT ON 17.08.2022.

WP(C) NO. 34631 OF 2023

EXHIBIT-P10 A TRUE COPY OF THE REPRESENTATION DATED 01.11.2022 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT.

EXHIBIT-P11 A TRUE COPY OF THE NOTICE DATED 26.09.2023 ISSUED TO THE FIRST PETITIONER.

EXHIBIT-P12 A TRUE COPY OF THE NOTICE DATED 25.09.2023 ISSUED TO THE 2ND PETITIONER.

EXHIBIT-P13 A TRUE COPY OF THE NOTICE DATED 27.09.2023 ISSUED TO THE 3RD PETITIONER.

EXHIBIT-P14 A TRUE COPY OF THE NOTICE DATED 18.09.2023 ISSUED TO THE 4TH PETITIONER.