Kerala High Court
Mathew K.V vs State Of Kerala on 10 October, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:75205
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
WP(C) NO. 33817 OF 2024
PETITIONER/S:
MATHEW K.V.
AGED 62 YEARS
S/O. VARGHESE VARGHESE, KARAKKATTETHU HOUSE, PULIYOOR
P.O., PULIYOOR VILLAGE, CHENGANNUR TALUK, PIN - 689510.
BY ADVS.
RINNY STEPHEN CHAMAPARAMPIL
ASHA ELIZABETH MATHEW
RESMY M.S
NEENA ELISABATH ANTONY
RESPONDENT/S:
1 STATE OF KERALA
REP BY THE SECRETARY, IRRIGATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANTHAPURAM, PIN - 686001.
2 THE EXECUTIVE ENGINEER
PAMPA IRRIGATION PROJECT, PIP OFFICE, ANGADICAL P.O.
CHENGANNUR, PIN - 689122.
3 THE ASSISTANT EXECUTIVE ENGINEER
PAMPA IRRIGATION PROJECT, PIP OFFICE, ANGADICAL P.O.
CHENGANNUR, PIN - 689122.
SMT. DEEPA NARAYANAN, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 33817 OF 2024 2
JUDGMENT
The petitioner, an agriculturalist, has approached
this Court aggrieved by the attempts being made to convert
the Pamba Irrigation Project (PIP) Sub-Canal running
through his property into a walkway, by placing slabs over
the side walls.
2. The learned counsel for the petitioner submits
that, even without placing the slabs, miscreants are walking
over the canal bund and are disturbing the agricultural
operations carried out in the petitioner's land and attempts
are also being made to commit theft. It is pointed out that
the petitioner has submitted Ext.P5 representation
highlighting his grievances and apprehensions.
3. Heard, learned Government Pleader also.
4. The petitioner having filed detailed representation
highlighting his grievances, the 2nd respondent is bound to
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take a decision thereon.
The writ petition is accordingly disposed of,
directing the 2nd respondent to take a reasoned decision on
Ext.P5 representation within two months of receipt of a copy
of this judgment, after affording an opportunity of hearing
to the petitioner.
Sd/-
V.G.ARUN
JUDGE
Sru
2024:KER:75205
APPENDIX OF WP(C) 33817/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED
01/07/2024 ISSUED FROM THE VILLAGE OFFICE,
PULIYOOR.
Exhibit P2 PHOTOGRAPHS SHOWING THE LOCATION OF THE SUB-
CANAL THROUGH THE MIDDLE PORTION OF THE
PETITIONER'S PROPERTY.
Exhibit P3 A TRUE COPY OF THE NEWSPAPER REPORT PUBLISHED
ON 20/02/2020 IN THE DESHABHIMANI DAILY.
Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED
29/06/2021 SUBMITTED BY THE PETITIONER BEFORE
THE HON'BLE MINISTER FOR IRRIGATION AND WATER
RESOURCES DEPARTMENT, GOVERNMENT OF KERALA.
Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED
21/08/2024 SUBMITTED BY THE PETITIONER BEFORE
THE HON'BLE MINISTER FOR IRRIGATION AND WATER
RESOURCES DEPARTMENT, GOVERNMENT OF KERALA,
RESPONDENT NO.2, SECRETARY, PULIYOOR GRAMA
PANCHAYAT AND PULIYOOR BLOCK PANCHAYAT
PRESIDENT.
Exhibit P6 A TRUE COPY OF THE REPRESENTATION DATED
16/08/2024 SUBMITTED BY THE SECRETARY OF
PULIYOOR POOVANNAMURI PADASEKHARA NELLU
ULPADAKHA SAMITHI BEFORE THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS : NIL
