Kerala High Court
K.N.Suresh Kumar vs State Of Kerala on 21 May, 2025
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
WEDNESDAY, THE 21ST DAY OF MAY 2025 / 31ST VAISAKHA, 1947
WA NO. 490 OF 2024
AGAINST THE JUDGMENT DATED 26.02.2024 IN WP(C)
NO.27632 OF 2023 OF HIGH COURT OF KERALA
APPELLANT(S)/PETITIONER:
K.N.SURESH KUMAR,
AGED 58 YEARS
S/O.NARAYANAN NAIR, RESIDING AT KOROTHU HOUSE,
POOVATHOLY P.O, KOTTAYAM, PIN - 686544
BY ADVS.
R.RANJANIE
MEERA M.
R.LAKSHMI NARAYAN (SR.)(K/292/1989)
RESPONDENT(S)/RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL
SELF GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR,
KOTTAYAM, COLLECTORATE, KOTTAYAM - KUMILY ROAD,
KOTTAYAM, KERALA, PIN - 686002
3 THE REVENUE DIVISIONAL OFFICER,
KOTTAYAM, SECOND FLOOR, MINI CIVIL STATION, UNION
CLUB ROAD, PUTHENANGADY, KOTTAYAM, PIN - 686001
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4 THE TAHSILDAR (LR),
TALUK OFFICE, 1 ST FLOOR, MINI CIVIL STATION,
KOTTAYAM -KUMILY ROAD, KOKKAPPALLY,
KANJIRAPPALLY, PIN - 686555
5 THE VILLAGE OFFICER,
MANIMALA, KARIKKATTOOR, KOTTAYAM, PIN - 686544
6 THE GEOLOGIST,
MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE,
DEPARTMENT OF MINING & GEOLOGY, CIVIL STATION,
KOTTAYAM, PIN - 686002
7 THE KERALA WATER AUTHORITY,
JALABHAVAN, NANDAVANAM, VELLAYAMBALAM,
THIRUVANANTHAPURAM - REPRESENTED BY ITS
SECRETARY, PIN - 695033
8 THE EXECUTIVE ENGINEER,
KERALA WATER AUTHORITY, COLLECTORATE, KOTTAYAM,
COLLECTORATE OFFICE, KOTTAYAM, PIN - 686002
9 THE ASSISTANT EXECUTIVE ENGINEER
KERALA WATER AUTHORITY, AE OFFICE, VECHOOR HOUSE,
K.V.M.S JUNCTION, PONKUNNAM, KERALA, PIN - 686506
10 THE MANIMALA GRAMA PANCHAYAT,
KARIKKATTOOR, MANIMALA, KANJIRAPPALLY TALUK,
KOTTAYAM,REP BY ITS SECRETARY, PIN - 686544
11 THE SECRETARY,
MANIMALA GRAMA PANCHAYAT, KARIKKATTOOR, MANIMALA,
KANJIRAPPALLY TALUK, KOTTAYAM, PIN - 686544
12 THE DISTRICT TOWN PLANNER
KOTTAYAM, CIVIL STATION,KOTTAYAM - KUMILY ROAD,
KOTTAYAM, KERALA, PIN - 686002
13 P.M.MATHEW ( SOUGHT TO BE IMPLEADED )
S/O LATE MATHEW, PATHOLIL BHAVAN, PAZHAYIDOM,
MANIMALA VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM
DISTRICT ( SOUGHT TO BE IMPLEADED )
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BY ADVS.
JUSTINE JACOB
V.SETHUNATH
THOMAS ABRAHAM (K/1051/2010)
SREEGANESH U.
LAKSHMINARAYAN.R
GAUTHAM KRISHNAN K.G.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
21.05.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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AMIT RAWAL & MURALEE KRISHNA S., JJ.
......................................................................
W.A.No.490 of 2024
...........................................................
Dated this the 21st day of May, 2025
JUDGMENT
AMIT RAWAL, J.
The report of the District Collector, pursuant to the order
dated 5.4.2024 of this Court, is on record, the contents of which
reads as under.
''The above Writ Appeal was filed by the petitioner
seeking to issue a direction to the respondents 7 to 11
not to commission/operate the water tank situated in
Sy.No. 166/2 of Manimala Village without conducting
scientific study regarding the strength of the water tank
and the technical issues touching the property on which
the water tank was constructed and obtaining fitness
certificate from the competent authorities and such
other reliefs.
2. When the matter was taken up before the Hon'ble
Court directed the 2nd respondent the District Collector
Kottayam, to furnish a report after obtaining necessary
inputs from an expert as to whether any disaster
imminent upon the commissioning of the water tank.
3. Accordingly necessary steps were taken. Necessary
instructions were given to the Executive Engineer
Kerala Water Authority and the Geologist, Kottayam.
Vide Letter No.DOKOT-DMG/1014/24-M dated
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31.05.2024 of the District Geologist, Kottayam has
reported that his office is not having the technical know
how to determine a mishap in the event of
commissioning of the water tank in the said place and
he recommended a vibration test to be made. As per the
reference Letter No.WP(C) 27632/2023 dated
28.01.2025 of the Executive Engineer, Project Division,
Kerala Water Authority has reported that in compliance
of the High Court Order, Water tank Poovatholi was
inspected on 14.03.2024 by the Executive Engineer,
Project Division, Kerala Water Authority, Kottayam and
Assistant Executive Engineer Ponkunnam, Kerala Water
Authority; no damages were found during inspection;
hence sanction was recommended to the commissioning
of the water tank and further examination to clarify the
safety and stability of the water tank was suggested to
be made by the Civil Engineering Department,
Government Engineering College Trissur, imbibing the
magnitude of the High Court Order. The study was
made by department and the study report was
submitted. In the report it was concluded that the tank
in question is safe and fit for operation at 80% of the
designed water holding capacity to negate the
deficiencies found out with respect to crack width and
sloshing effect.
4. The study report of the Civil Engineering Department
of the Government Engineering College, Thrissur is
enclosed herewith and the matter is reported for favour
of further necessary action.''
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2. The writ court as well as the intra court appeal
cannot tread on the path of adjudication of the disputed question
of fact if at all the appellant-petitioner aggrieved can always
seek the remedy available under Section 9 of the CPC or before
the competent authority, but not in the manner and mode as
above. Even otherwise, the report reveals that the apprehension
expressed by the petitioner no longer subsists.
In this view of the matter, nothing survives in the writ
appeal. Ordered to be closed.
Sd/-
AMIT RAWAL, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
Dxy
