Kerala High Court
P.J.Kurien vs State Of Kerala on 4 June, 2011
Author: P.N.Ravindran
Bench: P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
FRIDAY, THE 25TH DAY OF MAY 2012/4TH JYAISHTA 1934
WP(C).No. 16050 of 2011 (E)
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PETITIONERS:
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1. P.J.KURIEN, S/O.JOSEPH, AGED 66 YEARS,
PUTHENPARAMBIL HOUSE, EAST OF CHUNGAM BRIDGE,
THIRUMALA WARD, ALAPPUZHA.
2. SIVAKUMAR, AGED 40 YEARS,
S/O.PONNAPPAN, PUTHENCHIRA HOUSE,
EAST OF CHUNGAM BRIDGE, THIRUMALA WARD, ALAPPUZHA.
3. MOHAMMED KUNJU ISMAIL,
S/O.MOHAMMED KUNJU, AGED 59 YEARS,
PUTHENCHIRA PUTHENVEEDU, EAST OF CHUNGAM BRIDGE,
THIRUMALA WARD, ALAPPUZHA.
BY ADVS.SRI.GEORGE MATHEW
SRI.DIPU JAMES
SMT.K.V.RAMYA
RESPONDENTS:
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1. STATE OF KERALA ,
REPRESENTED BY ITS SECRETARY,
IRRIGATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2. THE DISTRICT COLLECTOR,
COLLECTORATE, ALAPPUZHA-688 001.
3. THE REVENUE DIVISIONAL OFFICER,
COLLECTORATE, ALAPPUZHA-688 001.
4. PUNCHA SPECIAL OFFICER,
PUNCHA SPECIAL OFFICE, OPPOSITE DISTRICT COURT,
ALAPPUZHA-688 001.
5. THE SECRETARY, ALAPPUZHA MUNICIPALITY,
MUNICIPAL OFFICE, ALAPPUZHA-688 001.
BY ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,POLL.C.BOARD
BY ADV. SRI.R.AZAD BABU
BY ADV. GOVERNMENT PLEADER SMT.M.P.SHEEBA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-05-2012,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MG
WP(C).No. 16050 of 2011 (E)
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APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1:- COPY OF THE REPORT SUBMITTED BY THE 2ND RESPONDENT TO THE
KERALA HUMAN RIGHTS COMMISSION.
EXT.P2:- COPY OF THE NEWSPAPER REPORT PUBLISHED IN THE MALAYALA
MANORAMA DAILY DATED 04.06.2011.
EXT.P3:- COPY OF THE NEWSPAPER REPORT PUBLISHED IN THE KERALA
KAUMUDI DAILY DATED 05.06.2011.
EXT.P4:- COPY OF THE NEWS ITEM APPEARED IN THE FLASH DAILY DATED
07.06.2011.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
MG
P.N.RAVINDRAN, J.
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W.P.(C) No.16050 OF 2011
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Dated this the 25thday of May, 2012
J U D G M E N T
The petitioners, who are residing by the side of Kombankuzhi Padasekharam having a total extent of 135 acres, seek a direction to the respondents to implement the recommendations of the District Collector, Alappuzha in Ext.P1 letter dated 4.6.2003 sent by him to the Registrar of the Kerala State Human Rights Commission. Relying on the observations made by the District Collector himself in Ext.P1 letter it is contended that unless permanent protection bunds are constructed, the life and property of persons residing adjacent to the Padasekharam will be in peril during the monsoons.
2. A counter affidavit dated 16.3.2012 has been filed on behalf of respondents 1 to 4. In paragraph 2 it is stated that based on newspaper reports, the fourth respondent conducted an enquiry into the hardships encountered by persons residing in the periphery of Kombankuzhy Padasekharam, owing to the overflow of water from the paddy fields during the monsoons and that he was convinced that unless the height of the bunds are raised, the persons residing in the locality will be put to hardship during monsoon. He has also stated that for the construction of strong outer boundaries in Padasekharams WPC No.16050/2011 2 in Kuttanadu, the Government has to provide funds, that the Government have announced schemes including the "Kuttanadu Package" to provide funds for the construction of strong outer boundaries in padasekharams and that the Government's declared policy includes implementation of this package which would provide aid for constructing strong outer boundaries in padasekharams. The sixth respondent samithi has filed a counter affidavit dated 12.7.2012 wherein interalia it is stated that the entire area is a low lying area and the houses of the petitioners are affected by floods due to the nature and lie of the land and the impact of the weather conditions during the monsoons. The counter affidavit proceeds to state that the sixth respondent has taken every step within its capacity to make the outer bund strong enough for paddy cultivation.
3. It is evident from the pleadings and the materials on record that the petitioners and others residing in the locality are put to misery during the monsoons and unless strong bunds are provided on all sides of the Padasekharam, they will be put to untold misery. The District Collector has in Ext.P1 letter sent to the Registrar of the Kerala State Human Rights Commission highlighted these facts and has also stated that the Government's intervention is required in the matter. 9 years have passed thereafter. Even now, the petitioners and others residing WPC No.16050/2011 3 in the locality are put to untold misery during the monsoons. In such circumstances, I am of the opinion that the Government should look into the matter and take necessary steps to implement the suggestions made by the District Collector, Alappuzha in Ext.P1 letter.
I accordingly dispose of the writ petition with a direction that in the event of the petitioners' filing an appropriate representation before the Secretary to Government, Irrigation Department along with a certified copy of this judgment and a copy of this writ petition, the Government shall within three months from the date of receipt of the representation in consultation with the District Collector, Alappuzha and respondents 4, 5 and 6 take an appropriate decision to redress the grievances of the petitioners and others and implement the same in a time bound manner preferably before the onset of the monsoons next year.
P.N.RAVINDRAN, (JUDGE) vps WPC No.16050/2011 4 WPC No.16050/2011 5