Kerala High Court
Jacob Mathew vs State Of Kerala on 8 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 8TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945
WP(C) NO. 39603 OF 2023
PETITIONER:
JACOB MATHEW, AGED 56 YEARS, S/O. JOSEPH MATHAI,
VALAVANAL HOUSE, NARANAMOOZHI P.O, ATHIKAYAM, RANNI,
PATHANAMTHITTA DISTRICT, PIN - 689711
BY ADVS.
JOSEPH GEORGE
BIJO THOMAS GEORGE
P.A.REJIMON
SAJEEV JOHN T.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY TO
GOVERNMENT, WATER RESOURCES (IRRIGATION DEPARTMENT),
GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM,
PIN - 695001
2 THE SUPERINTENDING ENGINEER, MINOR IRRIGATION
CIRCLE, 5TH FLOOR, JALA VIJNANA BHAVAN, MUTTADA
ROAD, AMBALAMUKKU, KOWDIAR P.O, THIRUVANANTHAPURAM,
PIN - 695003
3 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION,
HANNA TOWER, SANTHOSH JUNCTION, PATHANAMTHITTA,
PIN - 689645
4 THE ASSISTANT EXECUTIVE ENGINEER, MINOR IRRIGATION
SECTION, MALLAPPALLY, PATHANAMTHITTA DISTRICT,
PIN - 689585
BY ADV. SRI.SUJITH MATHEW JOSE - SPL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.02.2024, ALONG WITH WP(C)no.39689/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WPC 39603/23 & 39689/23
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 8TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945
WP(C) NO. 39689 OF 2023
PETITIONER:
JACOB MATHEW, AGED 56 YEARS, S/O. JOSEPH MATHAI,
VALAVANAL HOUSE, NARANAMOOZHI P.O, ATHIKAYAM,
RANNI, PATHANAMTHITTA DISTRICT, PIN - 689711
BY ADVS.
JOSEPH GEORGE
BIJO THOMAS GEORGE
P.A.REJIMON
SAJEEV JOHN T.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY TO
GOVERNMENT, WATER RESOURCES (IRRIGATION DEPARTMENT),
GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM,
PIN - 695001
2 THE SUPERINTENDING ENGINEER, MINOR IRRIGATION
CIRCLE, 5TH FLOOR, JALA VIJNANA BHAVAN, MUTTADA
ROAD, AMBALAMUKKU, KOWDIAR P.O, THIRUVANANTHAPURAM,
PIN - 695003
3 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION,
HANNA TOWER, SANTHOSH JUNCTION, PATHANAMTHITTA,
PIN - 689645
4 THE ASSISTANT EXECUTIVE ENGINEER
MINOR IRRIGATION SECTION, MALLAPPALLY,
PATHANAMTHITTA DISTRICT, PIN - 689585
BY ADV. SRI.SUJITH MATHEW JOSE - SPL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.02.2024, ALONG WITH WP(C)NO.39603/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WPC 39603/23 & 39689/23
3
JUDGMENT
[WP(C) Nos.39603/2023, 39689/2023]
The petitioner calls into question Ext.P5 proceedings of the 5th
respondent on various grounds, but primarily for the reason that it
has been issued without adverting to Exts.P2 and P3, in spite of the
fact that this Court had directed the said respondent to do so,
through Ext.P4 judgment earlier obtained by him. He, therefore,
prays that Ext.P5 be set aside and the 2 nd respondent -
Superintending Engineer, be directed to reconsider the matter,
strictly in terms of Ext.P4 judgment, adverting to Exts.P2 and P3, as
expeditiously as possible.
2. In response to the afore submissions of Sri.Joseph George
- learned counsel for the petitioner, Sri.Sujith Mathew Jose -
learned Special Government Pleader, submitted that, as evident from
Ext.P5, both Exts.P2 and P3 have been referred to therein; but
conceded, to a pointed question from this Court, that it does not
contain any discussion on them, nor with respect to its contents. He
submitted that, therefore, if this Court is not inclined to accept
Ext.P5 for this reason, then liberty may be reserved to the 2 nd
WPC 39603/23 & 39689/23
respondent to reconsider the matter; undertaking that the said
Authority will do so specifically in terms of Ext.P4 judgment and
evaluating Exts.P2 and P3 as ordered therein.
3. I have no doubt that the afore suggestion of the learned
Special Government Pleader is the best available to the petitioner in
the given circumstances.
In the afore scenario, I allow this Writ Petition and set aside
Ext.P5; with a consequential direction to the 2nd respondent -
Superintending Engineer, to reconsider the matter, strictly in terms
of Ext.P4 judgment, adverting and analyzing Exts.P2 and P3, after
affording the petitioner, as also any other person who may be
interested, an opportunity of being heard; thus culminating in an
appropriate fresh order, as expeditiously as is possible, but not later
than three months from the date of receipt of a copy of this
judgment.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 39603/23 & 39689/23
APPENDIX OF WP(C) 39689/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE PHOTOCOPY OF LETTER DATED 24-05-2018
SUBMITTED BEFORE THE 2ND RESPONDENT BY THE
PETITIONER
Exhibit P-2 TRUE PHOTOCOPY OF THE LETTER NO: W3 T-741-
A/2010/SEMI DATED 06-06-2018 ISSUED BY THE
3RD RESPONDENT
Exhibit P-3 TRUE PHOTOCOPY OF LETTER NO: AB-2-1346/14
DATED 30-05-2019 ISSUED BY THE 3RD
RESPONDENT
Exhibit P-4 TRUE PHOTOCOPY OF THE JUDGMENT DATED 23-
06-2023 IN W.P(C) 20412/2023 OF THIS
HON'BLE COURT
Exhibit P-5 TRUE PHOTOCOPY OF ORDER NO: W 3 (T)
741/2010 DARED 22-08-2023 ISSUED BY THE
2ND RESPONDENT
WPC 39603/23 & 39689/23
APPENDIX OF WP(C) 39603/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE PHOTOCOPY OF LETTER DATED 22-11-2017
SUBMITTED BEFORE THE 2ND RESPONDENT BY THE
PETITIONER
Exhibit P-2 TRUE PHOTOCOPY OF THE LETTER NO: AB 2-
1346/14 DATED 29-06-2019 ISSUED BY THE 3RD
RESPONDENT
Exhibit 3 TRUE PHOTOCOPY OF LETTER NO: AB-2-1346/14
DATED 30-05-2019 ISSUED BY THE 3RD
RESPONDENT
Exhibit P-4 TRUE PHOTOCOPY OF THE JUDGMENT DATED 14-
07-2023 IN W.P(C) 20418/2023 OF THIS
HON'BLE COURT
Exhibit P-5 TRUE PHOTOCOPY OF ORDER NO: W 3 (T)
739/2010 DARED 27-09-2023 ISSUED BY THE
2ND RESPONDENT
