Sasikdharan Karimbanapalam vs The Vatakara Municipality
2024 Latest Caselaw 14052 Ker

Citation : 2024 Latest Caselaw 14052 Ker
Judgement Date : 28 May, 2024

Kerala High Court

Sasikdharan Karimbanapalam vs The Vatakara Municipality on 28 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
                     WP(C) NO. 27032 OF 2017
PETITIONER:

            SASIKDHARAN KARIMBANAPALAM
            S/O.RAMAN, AGED 61 YEARS, THAIKOTTATHIL HOUSE,
            P.O. PUDUPPANAM, VATAKARA, KOZHIKODE-673 105.
            BY ADVS.
            SRI.U.P.BALAKRISHNAN
            SRI.K.R.AVINASH KUNNATH
            SRI.ABDUL RAOOF PALLIPATH
            SRI.PRAJIT RATNAKARAN

RESPONDENTS:

    1       THE VATAKARA MUNICIPALITY
            REPRESENTED BY ITS SECRETARY, P.O. VATAKARA-673
            101, KOZHIKODE DISTRICT.
    2       THE ASSISTANT EXECUTIVE ENGINEER
            KERALA STATE ELECTRICITY BOARD, VATAKARA SOUTH,
            VATAKARA BEACH-673 103, KOZHIKODE DISTRICT.
    3       ANEESH KARAT
            AGED 35 YEARS, S/O.CHANDRAN, SECRETARY,
            DRISHYAKALA SAMITHI, KARAT, PUDUPPANAM, VATAKARA
            P.O., KOZHIKODE-673 105.
    4       THE DISTRICT COLLECTOR, KOZHIKODE
            P.O.CIVIL STATION, KOZHIKODE-673 020.
            BY ADVS.
            SRI.T.NAVEEN, SC, VATAKARA MUNICIPALITY
            SRI.ARUNKUMAR A., SC, KSEB
            SRI.MOHANAN V.T.K.
            SRI.B.S.SYAMANTAK, GP


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   28.05.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.27032 of 2017

                                           2

                   P.V.KUNHIKRISHNAN, J.
           ---------------------------------------------
                  W.P.(C) No. 27032 of 2017
       ------------------------------------------------------
              Dated this the 28th day of May, 2024


                                  JUDGMENT

This writ petition is filed seeking the following

reliefs:

"(i) declare that the construction made in the bank of Karat river and the tress pass over the said property is illegal.

(ii) issue a writ of mandamus or such other writ or directing the 1st respondent to dispossess the trespassers and to remove the filled up portion of the banks of Karat river and to demolish all illegally put structures buildings etc., bearing to restore the ecologically and sensitively fragile karat river in its original position in a time bound manner.

(iii) declare that the electricity connection (Consumer NO. 1167372009356) provided to the R3 by R2 is illegal and without authority.

(iv) Issue a writ of mandamus or such other writ or order directing the 2nd respondent to disconnect and dismantle the electricity connection (Consumer NO.

1167372009356) forthwith in the building illegally constructed by the 3rd respondent in the encroached property.

(v) grant such other order that this Hon'ble court may deem fit and proper in the facts and circumstances of this case."[SIC]

2. This Writ petition is pending before this Court from

2017 onwards. The main prayer in this Writ petition is to

issue a direction to the 1st respondent to dispossess the

encroachers from the banks of Karat river forthwith. Even

now, if there are any encroachers, the petitioner is free to

submit appropriate representation before the competent

authority among the respondents, and if such a

representation is received, the competent authority will

consider the same with notice to the petitioner and other

affected parties and pass appropriate orders in accordance

with the law.

With the above observation, this Writ petition is

disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM

APPENDIX OF WP(C) 27032/2017

PETITIONER EXHIBITS EXHIBIT P1 : TRUE COPY OF THE PETITION FILED BEFORE THE INFORMATION OFFICER DATED 12-4- 2017.

EXHIBIT P2 : TRUE COPY OF THE INFORMATION GATHERED DATED 9-5-2017 OF THE INFORMATION OFFICER.

EXHIBIT P3 : TRUE COPY OF THE PETITION DATED 12-4-

                   2017   UNDER   RTI    ACT,  BEFORE   THE
                   INFORMATION      OFFICER,       VATAKARA
                   MUNICIPALITY.
EXHIBIT P4 :       TRUE COPY OF THE REPLY OBTAINED BY THE
                   PETITIONER DATED 9-5-2017.
EXHIBIT P5 :       TRUE COPY OF THE PETITION SUBMITTED BY

THE PETITIONER BEFORE THE ELECTRICAL DIVISION OFFICE PUTHUR DATED 27-4-2017. EXHIBIT P6 : TRUE COPY OF THE INFORMATION OBTAINED BY THE PETITIONER DATED 15-5-2017. EXHIBIT P7 : TRUE COPY OF THE PETITION DATED 27-4- 2017 BEFORE THE INFORMATION OFFICER. EXHIBIT P8 : TURE COPY OF THE REPLY OBTAINED BY THE PETITIONER DATED 16-5-2017. EXHIBIT P9 : TRUE COPY OF THE PETITION DATED 30-5- 2017 BEFORE THE 1ST RESPONDENT. EXHIBIT P10 : TRUE COPY OF THE APPLICATION BEFORE THE EXECUTIVE ENGINEER, PUTHUR, VATAKARA DATED 30-5-2017.

EXHIBIT P11 : TRUE COPY OF THE NEWS ITEM APPEARED IN THE MALAYALA MANORAMA DAILY DATED 28-7- 2017/ EXHIBIT P12 : TRUE COPY OF THE NEWS ITEM APPEARED IN THE VEEKSHANAM DAILY DATED 28-7-2017 RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE