Kerala High Court
Rajeesh vs The District Collector, Thrissur on 23 May, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 28541 OF 2016 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 28541 OF 2016
PETITIONER/S:
RAJEESH
AGED 30 YEARS
S/O.PREMACHANDRAN, AGED 30 YEARS,THAMARASSERY HOUSE,
PUNNAYOORKULAM PO,THRISSUR-679 561.
BY ADVS.
SRI.K.R.AVINASH (KUNNATH)
SRI.ABDUL RAOOF PALLIPATH
RESPONDENT/S:
1 THE DISTRICT COLLECTOR, THRISSUR
COLLECTORATE, AYYANTHOLE,THRISSUR-680 003.
2 TAHSILDAR CHAVAKKAD
CIVIL STATION, CHAVAKKAD,THRISSUR-680 506.
3 THE VILLAGE OFFICER PUNNAYOORKULAM
PUNNAYOORKULAM PO, THRISSUR-679 561.
4 THE SECRETARY
PUNNAYOORKULAM GRAMA PANCHAYATH,PUNNAYOORKULAM PO,
ALTHARA, THRISSUR-679 561.
5 RAJAN
S/O.KANDARIKUTTY, KADAMPULLY HOUSE,PUNNAYOORKULAM
PO, THRISSUR-679 561.
6 MUHAMED
WP(C) NO. 28541 OF 2016 2
MUTHEDATH HOUSE, PUNNAYOORKULAM PO,THRISSUR-679 561.
BY ADVS.
4SRI.SANTHOSH P.PODUVAL
GOVERNMENT PLEADER
SMT.R.RAJITHA
SRI.RAJIT
SRI.G.SREEKUMAR (CHELUR)
SRI.G.SREEKUMAR CHELUR
SMT.VINAYA V.NAIR
OTHER PRESENT:
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28541 OF 2016 3
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 28541 of 2016
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Dated this the 23rd day of May, 2024
JUDGMENT
The above writ petition is filed with following prayers :
"(i) declare that respondents 5 and 6 have no right to
reclaim the pond and surrounding wet land and the water
channel originating from the pond in the property comprised
in Survey No: 357/1 in Punnayoorkulam village in their
possession.
(ii) direct respondents 1 to 4 to prevent respondents 5 and 6
from reclaiming the pond and surrounding wet land and the
water channel originating from the pond in the property
comprised in Survey No: 357/1 in Punnayoorkulam village in
their possession.
(iii) direct respondents 1 to 4 to take steps to restore the
portion of water channel already filled up illegally by
respondents 5 and 6 allowing free flow of water.
(iv) grant such other order that this Honorable court may
deem fit and proper in the facts and circumstances of this
case." [sic]
2. When this writ petition came up for consideration on
05.09.2016, this Court passed the following order :
"Admit. Learned Government Pleader takes notice for
respondents 1 to 3. Issue notice to respondent Nos. 4 to 6.
The 3rd respondent shall enquire as to the averments raised in
the writ petition and stop the reclamation, if the same is
illegal. A report to be filed, on or before 26.09.2016.
Post after two weeks.
Hand over."
3. Based on the direction of this Court, a statement is
filed by the 2nd respondent. The relevant portion of the
statement is extracted hereunder :
"4. It is a fact that the petitioner had submitted an
application on 30.05.2016 to the Tahsildar Chavakkad. Copy of
the same was forwarded to Village officer, Punnayurkkulam
for enquiry and report. At the same time this respondent
conducted physical verification and inspection of the sight in
Sy.No.357/2 Kadikkad Village and accordingly found that
there is a pond seen at present with some short quantity of
water. A portion of the pond has been filled with the building
waste and the quarter of the pond at the north western end
has been divided with rubble wall and filled 60% of this part
with ordinary earth. This pond has a well constructed
boundary and it is admittedly "Nancha I" land as per BTR.
5. It is humbly submitted that the protection of this pond in
Sy. No.357/2 is very much needed in the present situation of
the nature and weather conditions. It is also very crucial for
maintaining such pond for preserving existing water
resources. On receiving the petition, stop memo has been
served to the respondents No. 5 & 6 directing them to stop
filling of the said pond and instructions were issued to the
Village Officer concerned for taking necessary actions for
protecting the pond.
6. It is very significant that there is no water channel seen
there in the alleged place and at the same time there is no
indications for such water channel existed in the plot.
Necessary steps were taken to protect the pond as prayed by
the petitioner. The property in question, the water channel is
claimed by the respondents are surrounded by the property
comprised in Sy.No.357/1 of Kadikkad Village classified as
Thottam in BTR. It is submitted that the stop memo had been
issued to the concerned parties directing them to stop filling.
A copy of the stop memo dated 24.09.2016 issued by the
Village Officer, Punnayurkulam/Kadikkad is produced
herewith and marked as Annexure R(a). In view of the said
facts proper action had been taken by this respondent to
prevent the illegal filling of the pond in Nancha land and at
present the respondents 5th & 6th are responsible to comply
with the directions issued from the concerned Village Officer."
4. From the above statement, it is clear that necessary
steps are being taken by the respondents. The respondents will
do the needful in accordance with law, as expeditiously as
possible, after giving notice to the petitioner and other affected
parties.
Recording paragraph Nos. 4 to 6 of the statement and
further directing the official respondents to do the needful in
accordance with law, this writ petition is disposed of.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 28541/2016
PETITIONER EXHIBITS
EXHIBIT P1 : TRUE COPY OF THE REPRESENTATION MADE BY
THE PETITIONER BEFORE THE 3RD RESPONDENT
DATED 21-4-2016.
EXHIBIT P2 : TRUE COPY OF THE RECEIPT DATED 22-4-2016
ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P3 : TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND
RESPONDENT DATED 30-5-2016.
EXHIBIT P4 : TRUE COPY OF THE RECEIPT ISSUED BY 1ST
RESPONDENT DATED 7-6-2016.
