Benny Mathew vs The Pandalam Municipality
2024 Latest Caselaw 15051 Ker

Kerala High Court

Benny Mathew vs The Pandalam Municipality on 4 June, 2024

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
  TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
                    WP(C) NO. 14766 OF 2016
PETITIONER:

         BENNY MATHEW,
         AGED 47 YEARS, S/O.P.K.MATHEW,
         JACK PARK PUTHIYA VEETTIL, MUDIYOORKONAM,
         PANDALAM, PATHANAMTHITTA-689 501.

         BY ADVS.

         SRI.NOBEL RAJU
         SRI.P.Y.AHAMMED PHYSI
RESPONDENTS:

    1    THE PANDALAM MUNICIPALITY
         REPRESENTED BY ITS SECRETARY, PANDALAM
         MUNICIPALITY, PANDALAM, PATHANAMTHITTA-689 501.
    2    THE SECRETARY, PANDALAM MUNICIPALITY
         PANDALAM, PATHANAMTHITTA-689 501.
    3    THE GEOLOGIST
         DISTRICT OFFICE, MINING AND GEOLOGY DEPARTMENT,
         CIVIL STATION, PATHANAMTHITTA-689 645.
    4    THE TAHASILDAR, ADOOR
         ADOOR, PATHANAMTHITTA DISTRICT.
    5    STATE OF KERALA
         REPRESENTED BY THE SECRETARY, DEPARTMENT OF LSG,
         SECRETARIAT, THIRUVANANTHAPURAM-695 001.
         BY ADV
         SRI.K.R.RADHAKRISHNAN NAIR-STANDING COUNSEL
OTHER PRESENT:

         SMT.K.B.SONY-GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO.14766 OF 2016

                                    2

                   M.A. ABDUL HAKHIM, J.
                 ------------------------------------
                 W.P.(C) No. 14766 of 2016
                 ------------------------------------
              Dated this the 4th day of June, 2024

                              JUDGMENT

1. This writ petition is filed on 08.04.2016 seeking direction to

the respondent Nos.1 &2 not to proceed with the reclamation of

the public pond comprised in Sy.No.143/14 of Pandalam Village

and also to direct the 2nd respondent to consider Ext.P2 & P3

representations. Ext.P2 & P3 representations are submitted on

the apprehension that the respondent Nos.1&2 are taking steps

to fill up the pond.

2. This writ petition had been remaining here since 2016

without any interim order. The counsel for the petitioner

confirms that the pond is not filled even now.

3. In the circumstance, this writ petition is dismissed giving

liberty to the petitioner to submit representation/objection to the

2nd respondent in case any fresh attempt to fill up the pond.

Sd/-

M.A. ABDUL HAKHIM, JUDGE S.M.K. WP(C) NO.14766 OF 2016

APPENDIX OF WP(C) 14766/2016

PETITIONER'S EXHIBITS

EXT.P1: A TRUE COPY OF THE LOCATION SKETCH DATED 25.10.2013 ISSUED BY THE PANDALAM VILLAGE OFFICER.

EXT.P2: A TRUE COPY OF THE REPRESENTATION FORWARDED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXT.P3: A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE NATIVES OF THE AREA TO THE 2ND RESPONDENT AND THE RECEIPT.