Sherin vs State Of Kerala
2025 Latest Caselaw 1848 Ker

Kerala High Court

Sherin vs State Of Kerala on 1 August, 2025

                                                      2025:KER:57508

W.P.(C). No.10883 of 2021           :1:


               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
    FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
                            WP(C) NO. 10883 OF 2021
PETITIONER:
              SHERIN,
              AGED 46 YEARS
              S/O. SALIM, VELIKKETTIL VEEDU, VALIYAMARAM WARD,
              ALAPPUZHA

              BY ADV SHRI.GEORGE SEBASTIAN
RESPONDENTS:
    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY, DEPARTMENT OF SPORTS
          AND YOUTH AFFAIRS, SECRETARIAT,
          THIRUVANANTHAPURAM , PIN 695 001.

      2       THE DISTRICT COLLECTOR,
              COLLECTORATE, ALAPPUZHA 688 001

      3       THE ADDL. TAHASILDAR (LAND RECORDS)
              AMBALAPPUZHA TALUK, ALAPPUZHA 688 561

      4       THE VILLAGE OFFICER,
              ALAPPUZHA WEST VILLAGE, AMBALAPPUZHA TALUK,
              ALAPPUZHA DISTRICT, PIN 688 561

      5       THE DEPUTY DIRECTOR,
              SURVEY AND LAND RECORDS, COLLECTORATE, ALAPPUZHA
              PIN 688 001.

      6       THE LOCAL LEVEL MONITORING COMMITTEE,
              ALAPPUZHA MUNICIPALITY, PIN 688 561,REPRESENTED BY
              ITS CONVENER AGRICULTURE OFFICER.
                                                             2025:KER:57508

W.P.(C). No.10883 of 2021            :2:


      7       THE ASST. EXECUTIVE ENGINEER,
              OFFICE OF THE ASST. EXECUTIVE ENGINEER, IRRIGATION
              SUB DIVISION, ALAPPUZHA PIN 688 561.

      8       ALAPPUZHA MUNICIPALITY,
              MUNICIPAL OFFICE, ALAPPUZHA PIN 688 561 REPRESENTED
              BY ITS SECRETARY

      9       THE STADIUM MANAGEMENT COMMITTEE,
              ALAPPUZHA MUNICIPALITY, MUNICIPAL OFFICE,
              ALAPPUZHA, PIN 688 561, REPRESENTED BY ITS
              CHAIRMAN.

      0       THE DIRECTOR,
              DIRECTORATE OF SPORTS AND YOUTH AFFAIRS, JIMMY
              GEORGE INDOOR STADIUM, VELLAYAMBALAM,
              THIRUVANANTHAPURAM, KERALA PIN 695033.

     11       THE DISTRICT SPORTS COUNCIL,
              KIDANGAMPARAMBU, THATHAMPALLY, ALAPPUZHA 688 013
              REPRESENTED BY ITS PRESIDENT.

*ADDL.12      KERALA STATE DISASTER MANAGEMENT AUTHORITY
              OSERVATORY HILLS,VIKAS BHAVAN P O,
              THIRUVANATHAPURAM-695033, REPRESENTED BY ITS
              SECRETARY
              *ADDL 12 IS IMPLEADED AS PER ORDER DATED 03.08.2021
              IN I.A.NO.1/2021

              BY ADV SRI.R.AZAD BABU
OTHER PRESENT:
          SPL.GP- RENJITH
       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD              ON
01.08.2025,        THE      COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                        2025:KER:57508

W.P.(C). No.10883 of 2021       :3:


                          VIJU ABRAHAM, J.
         --    -- -- -- -- -- -- -- -- -- -- -- --
                     W.P.(C) No.10883 of 2021
         --    -- -- -- -- -- -- -- -- -- -- -- --
                 Dated this the 1st day of August, 2025

                             JUDGMENT

The petitioner has approached this Court seeking a direction

to the 2nd respondent to invoke the provisions of Section 13 of the

Kerala Conservation of Paddy Land and Wetland Act, 2008 and to

restore the stretch of canal "Shadamani Thodu" on the western

side of the "EMS Municipal Stadium" Alappuzha to its original

position as per Ext.P1 Re-survey Sketch.

2. It is averred that the petitioner is a resident of ward No.32

of the 8th respondent Municipality. It is submitted that there is a

thodu in existence by name 'Shadamani Thodu', which passes

through ward No.32 in the north-south direction and the canal has

an average width of 5 metres. The municipality had commenced

construction of a stadium on the eastern side of the said canal in

2009 and the construction was completed in the year 2011.

During and after the construction of the stadium, the canal at a 2025:KER:57508

stretch of around 150 metres on the western side of the stadium

was reclaimed with waste generated from the construction of the

stadium. As a result of the said reclamation, the natural flow of

the said canal got obstructed. Several representations were filed

in this regard and based on which a survey was conducted. Based

on Ext.P3 report of the Taluk Surveyor the petitioner would

submit that the lie and nature of the thodu has been substantially

modified by the action of the Municipality. It is in the said

circumstance that the petitioner has approached this Court

seeking a direction commanding the 8 th respondent Municipality

to restore the stretch of canal on the western side of the stadium

to its original lie.

3. A detailed statement has been filed by respondents 8 and 9

wherein it is stated that the Municipality has completed the

construction of the stadium - Phase I and the municipality is in the

process of implementing Phase II, for which administrative

sanction has already been obtained and the present attempt of the

petitioner is to create obstacles in the implementation of the

project on the behest of some persons who have initiated a 2025:KER:57508

number of litigations claiming unfounded and fraudulent claims. It

is also submitted that the said canal is a man made canal which

connects two other major canals in the Alappuzha town. There is

free flow of water through the canal and no flooding is caused due

to any obstructions in the canal. Even during the flood of 2018, no

complaint was received by the Municipality about any flooding in

the locality. The construction of the Stadium is being progressed

without causing obstruction to the free flow of water through the

canal and by protecting the banks of the same. It is further

submitted that the Government have already initiated renovation

of nine major canals and 19 sub-canals through the Irrigation

Department for which an amount of Rs.108 crore is sanctioned by

the Kerala Infrastructure Investment Fund Board(KIIFB) and the

disputed canal is one of the canals selected for deepening and

protecting its banks by providing granite walls and the said work

has already been started and is progressing and when it reached

the stadium property, the work was objected to by the petitioner

and the present writ petition has been filed. The learned counsel

for the respondent Municipality would submit that the said thodu 2025:KER:57508

is lying in the same position for the last 25 years.

4. I have heard the learned counsel appearing for the

petitioner, the learned Standing Counsel for the respondent

Municipality and the learned Special Government Pleader

appearing for the Revenue Department.

5. The learned Standing Counsel for the respondent

Municipality would submit that KIIFB has taken over the work of

widening of the thodu in its project and the work is in progress. A

perusal of Ext.P8 would reveal that the work includes the

strengthening of the side walls by providing granite support and

also increasing the depth of the thodu. The learned Standing

Counsel assures that the work will be completed without any

delay and earnest steps will be taken to see that there is no water

logging in that area. It is also undertaken that the construction of

the IInd phase of the construction of the stadium will not in any

way cause any hindrance to the existing thodu on the western side

of the stadium. The said submissions are recorded.

Taking into consideration the undertaking given by the

learned Standing Counsel appearing for the Municipality as stated 2025:KER:57508

above, I am of the opinion that no further orders are required in

this writ petition and the same is accordingly closed.

Sd/-

VIJU ABRAHAM JUDGE sm/ 2025:KER:57508

APPENDIX OF WP(C) 10883/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SKETCH SHOWING THE LIVE OF THE SHADAMANI THODU WITHIN THE LIMITS OF ALAPPUZHA MUNICIPALITY EXHIBIT P2 TRUE COPY OF THE REPORT DATED 03-10-2013 OF OF THE 4TH RESPONDENT VILLAGE OFFICER. EXHIBIT P3 TRUE COPY OF THE REPORT DATED 19-02-2013 OF THE TALUK DSURVEYOR, AMBALAPPUZHA TALUK ALONG WITH ROUGH SKETCH OF THE CANAL.

EXHIBIT P4 TRUE COPY OF THE LETTER DATED 21-12-2013 OF THE 3RD RESPONDENT EXHIBIT P5 TRUE COPY OF THE LETTER DATED 04-01-2014 OF THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE REPORT DATED 10-03-2018 PUBLISHED IN MATHRUBHOOMI DAILY.

EXHIBIT P7 TRUE COPY OF THE REPORT DATED 18-06-2020 PUBLISHED IN MALAYALA MANORAMA DAILY EXHIBIT P8 TRUE COPY OF THE LETTER DATED 15-10-2020 ISSUED BY THE 7TH RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 08- 01-2021 SUBMITTED BY THE PETITIONER.

EXHIBIT P10 TRUE COPY OF THE ACKNOWLEDGMENT SHOWING THE RECEIPT OF EXT.P9 REPRESENTATION EXHIBIT P11 TRUE COPY OF THE LETTER DATED 23-01-2021 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P12 MEMORANDUM OF UNDERSTANDING DATED 27-02- 2021 BETWEEN THE 8TH RESPONDENT AND THE 10TH RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE LETTER DATED 24-03-2020 ISSUED BY THE SECRETARY OF THE 8TH RESPONDENT MUNICIPALITY.

EXHIBIT P14 TRUE COPY OF THE GO DATED 15-05-2017 ISSUED BY THE 1ST RESPONDENT.