Kerala High Court
M.Ramesh Kumar vs State Of Kerala on 7 July, 2020
Author: S.Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 07TH DAY OF JULY 2020 / 16TH ASHADHA, 1942
WP(C).No.20217 OF 2015(S)
PETITIONER:
M.RAMESH KUMAR
AGED 53 YEARS
S/O.K.V. KUNHIKANNA MARAR, RESIDING AT MARATH, P.O.
CHIRAKKAL, KANNUR - 670 011.
BY ADV. SRI.P.U.SHAILAJAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE SECRETARY
DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT,
THIRUVANANTHAPURAM -695 001.
3 THE DISTRICT COLLECTOR
KANNUR- 670 002.
4 DISTRICT PANCHAYATH
KANNUR, REPRESENTED BY ITS SECRETARY,
KANNUR- 670 002.
5 CHIRAKKAL GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY,
P.O. CHIRAKKAL, KANNUR - 670 011.
R4 BY SRI.I.V.PRAMOD, SC, CHIRAKKAL GRAMA PANCHAYATH
R1-R3 BY SRI.SURIN GEORGE IPE SENIOR GOVERNMENT
PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.20217 OF 2015(S) 2
JUDGMENT
S.MANIKUMAR,CJ Instant writ petition is filed by the petitioner seeking the following reliefs:
1) Issue a writ of mandamus or other appropriate writ or order directing the respondents to take immediate and effective steps to renovate, protect and maintain Chirakkal Chira at Chirakkal Grama Panchayath in Kannur District in a good condition.
2) Issue a writ of mandamus directing the respondents to clean the Chirakkal Chira at Chirakkal Grama Panchayath in Kannur District and remove the mud from it and prevent the dumping of waste in the chira and thereby ensure pollution free water, air and a healthy environment to the people in the locality as guaranteed by Article 21 of the Constitution of India.
Iii) To issue such other reliefs which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
2. On this day when the matter came up for hearing Mr.P.U.Shailajan, learned counsel for petitioner, fairly submitted that after accepting the tender, the work of renovation of Chirakkal Chira in Chirakkal Panchayath, WP(C).No.20217 OF 2015(S) 3 Kannur District, had commenced during 2019.
3. Placing on record the above submission, we do not intend to go into the aspect of ownership of the pond. Deem it to consider that technical sanction for a sum of Rs.225 lakhs has been issued, tender has been invited and one Mr.Binoy.P.T., PWD Contractor, Aluva has been chosen as the lowest bidder. According to the learned counsel for petitioner, the work has commenced during 2019.
4. In the light of the above, there is no need to issue any mandamus as prayed for, however, we direct the Superintending Engineer, Minor Irrigation Circle, Kozhikode to continue the excavation of mud from Chirakkal Chira and complete the same as expeditiously as possible.
With the above direction, the writ petition is disposed of.
Sd/-
S.MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P.CHALY
smv JUDGE
WP(C).No.20217 OF 2015(S) 4
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 EXHIBIT-P1-TRUE COPY OF THE NOTICE ISSUED
BY THE PETITIONER TO THE DISTRICT
COLLECTOR, KANNUR DATED 08/08/2014. EXHIBIT P2 EXHIBIT-P2-TRUE COPY OF THE NOTICE ISSUED BY THE PETITIONER TO THE MINISTER FOR LOCAL SELF GOVERNMENT DATED 08/08/2014. EXHIBIT P3 EXHIBIT-P3-TRUE COPY OF THE MESSAGE THROUGH POST FROM THE OFFICE OF THE MINISTER FOR PANCHAYATH AND SOCIAL JUSTICE ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P4 EXHIBIT-P4-TRUE COPY OF THE REPLY ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 15/11/2014 ALONG WITH ENGLISH TRANSLATION. EXHIBIT P5 EXHIBIT-P5-TRUE COPY OF THE NOTICE ISSUED BY THE PETITIONER THROUGH ADVOCATE TO THE 4TH AND 5TH RESPONDENT DATED 04/08/2014 ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P6 EXHIBIT-P6-TRUE COPY OF THE PHOTOGRAPHS OF THE CHIRAKKAL CHIRA (4 IN NUMBER) EXHIBIT P7 EXHIBIT-P7-TRUE COPY OF THE GOVERNMENT ORDER DATED 21/01/2015.
RESPONDENTS' EXHIBITS EXHIBIT R6(a) TRUE COPY OF THE ABOVE GOVERNMENT ORDER NO.350/2017/WRD DATED 24.4.2017. EXHIBIT R6(b) TRUE COPY OF THE ORDER NO.2018/19/2016/2929/IA DATED 30.7.2018.
EXHIBIT R6(c) TRUE COPY OF THE VIDE E-TENDER NO.SE(MI)/ET/21/2018-19 DATED 20.2.2019. EXHIBIT R6(d) TRUE COPY OF THE LETTER RECEIVED FROM THE 3RD RESPONDENT DISTRICT COLLECTOR.