Kerala High Court
Shaji A. D vs Revenue Divisional Officer on 17 February, 2021
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942
WP(C).No.18321 OF 2020(M)
PETITIONER/S:
SHAJI A. D., S/O. V. K. DIVAKARAN,
ALINTE KIZHAKETHIL VEEDU,
MEZHUVELI P. O., PATHANAMTHITTA - 689 507.
BY ADVS.
SRI.A.RAJASIMHAN
K.J.RAJAN
RESPONDENT/S:
1 REVENUE DIVISIONAL OFFICER,
ADOOR, ADOOR P. O.,
PATHANAMTHITTA - 691523.
2 VILLAGE OFFICER,
VILLAGE OFFICE, MEZHUVELI P. O.,
PATHANAMTHITTA - 689507.
3 MEZHUVELI GRAMA PANCHAYAT,
MEZHUVELI P. O., PATHANAMTHITTA - 689507,
REPRESENTED BY ITS SECRETARY.
4 SECRETARY,
MEZHUVELI GRAMA PANCHAYAT,
MEZHUVELI P. O., PATHANAMTHITTA - 689507.
R3&R4 BY SRI.SUNIL JACOB JOSE, STANDING COUNSEL
R1&R2 BY SRI.K.J MANURAJ, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.18321 of 2020
2
W.P.(C)No.18321 of 2020
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JUDGMENT
Petitioner owns a land measuring 14 ares and 10 square metres within the limits of the third respondent Panchayat. It is stated that the petitioner is conducting farming and aquaculture in the said land. The land of the petitioner is abutting a stream on its west and north sides. It is stated that on account of the obstructions to the free flow of water in the stream, there is frequent flooding from the stream which is affecting the activities undertaken by the petitioner in his land adversely. The petitioner, therefore, lodged a complaint to the first respondent. The first respondent caused an enquiry to be made on the complaint and found in the enquiry that the grievance of the petitioner is genuine. The first respondent, in the circumstances, forwarded the complaint for appropriate action to the fourth respondent, the Secretary of the third respondent Panchayat. Ext.P3 is the communication issued by the first respondent to the fourth respondent in this connection. The grievance of the petitioner in the writ petition concerns the inaction on the part of the fourth respondent in taking action on Ext.P3.
2. Though notice was issued to respondents 3 and 4, there is no appearance for them.
3. In so far as it is found by the first respondent that there is obstruction in the stream referred to in the writ petition which is vested in W.P.(C)No.18321 of 2020 3 the Panchayat under Section 218 of the Kerala Panchayat Raj Act, 1994, the fourth respondent is bound to take appropriate action to remove the said obstruction.
In the circumstances, the writ petition is disposed of directing the fourth respondent to take action to remove the obstruction caused to the stream referred to in the writ petition in accordance with law. This shall be done at any rate, within six weeks from the date of receipt of a copy of the judgment.
Sd/-
P.B.SURESH KUMAR JUDGE rkj W.P.(C)No.18321 of 2020 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 17.08.2020 ISSUED FROM THE VILLAGE OFFICE, MEZHUVELI.
EXHIBIT P2 TRUE COPY OF THE PETITIONER'S COMPLAINT DATED 20.05.2020 SUBMITTED TO THE 1ST RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE LETTER DATED 27.07.2020 ISSUED BY THE 1ST RESPONDENT.