Kerala High Court
Rural Development And Cultural Society vs State Of Kerala on 11 December, 2018
Author: Hrishikesh Roy
Bench: Hrishikesh Roy, A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY
&
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY THE 11TH DAY OF DECEMBER 2018/20TH AGRAHAYANA, 1940
WP(C).No. 40344 of 2018
PETITIONERS:
1 RURAL DEVELOPMENT AND CULTURAL SOCIETY,
ALA P.O., CHENGANNUR, ALAPPUZHA
DISTRICT - 689 126. REPRESENTED BY ITS
SECRETARY, V.S. GOPALAKRISHNAN,
68 YEARS, S/O KUNJUKUNJU.
2 PREMDAS, AGED 50 YEARS, S/O. KUMARAN,
PALLITHEKKETHIL, KULIKKAMPALAM,
PULIYOOR P.O., CHENGANNUR,
ALAPUZHA DISTRICT-689 510.
BY ADV. SMT.SURYA BINOY
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY
SECRETARY TO THE DEPARTMENT OF REVENUE,
SECRETARIAT, TIRUVANANTHAPURAM -695 001.
2 DISTRICT COLLECTOR, COLLECTORATE,
ALAPPUZHA - 688 001.
3 TAHSILDAR, TALUK OFFICE- CHENGANNUR,
ALAPPUZHA-689 121.
4 SECRETARY TO THE DEPARTMENT OF IRRIGATION,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.12.2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(C).40344/2018
2
JUDGMENT
Hrishikesh Roy, CJ The first petitioner is a registered association of residents of the watershed area of the Uttarapalliyar River in the Alappuzha district. The river is being subjected to large scale encroachment resulting in considerable narrowing of the river and the net result is that the people who were dependent on the river for their cultivation and other needs, are adversely affected.
2. The learned counsel Smt. Surya Binoy would submit that the river emanates from Achankovil in Venmani Village and meanders across Ala, Cheriyanadu, Puliyoor, Ennaykkadu Villages to join the Pampa river in the Budhanur Village. However, the revenue records indicate that the river route has not been accurately surveyed and this has resulted in unauthorised encroachment on the river banks at several places. The counsel then refers to the representation dated 19.3.2018 (Ext.P13), addressed by the petitioners to the Secretary, Department of Revenue, Government of Kerala for proper survey and demarcation of river boundaries and also to carry out dredging activities to restore the river to its pristine glory. The request is also made to evict the encroachers by invoking the provisions of the Land Conservancy Act. Since Ext.P13 representation has not been heeded so far, the petitioners have approached this court by filing this Public Interest Litigation.
3. Responding to the above representation, Sri. Aravindakumar Babu as the learned Senior Government Pleader would submit that the court may issue direction for disposal of the Ext.P13 representation, by the competent authority. W.P(C).40344/2018 3
4. Having regard to the projected facts and bearing in mind that the Government is yet to take decision on the pending representation, we deem it appropriate to direct consideration of the representation by the first respondent by affording hearing to the petitioners and other stakeholders. A speaking order would have to be passed, addressing the grievances raised in the Ext.P13 representation. The order shall be passed, within four months from the date of receipt of a copy of the judgment. The petitioner to produce a copy of the Writ Petition along with the judgment, before the first respondent for further action. It is ordered accordingly.
Sd/-
Hrishikesh Roy, Chief Justice Sd/-
A.K. Jayasankaran Nambiar, Judge sou.
W.P(C).40344/2018 4 APPENDIX PETITIONERS' EXHIBIT :
EXHIBIT P1 : TRUE COPY OF THE INFORMATION IN LETTER BEARING NO.B2 1196/09 OF CENTRAL SURVEY OFFICE DATED 6.6.2009 ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P2 : TRUE COPY OF THE INFORMATION IN LETTER NO.2458/09/LRM DATED 2.6.2009 FROM TALUK OFFICE, CHENGANNUR ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P3 : TRUE COPY OF THE ANSWER PROVIDED ON THE FLOOR OF THE ASSEMBLY ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P4 : TRUE COPY OF THE APPLICATION SEEKING INFORMATION FROM TALUK OFFICE, CHENGANNUR DATED 1.7.2015 ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P5 : TRUE COPY OF THE INFORMATION IN LETTER NO.8420/15/C4 DATED 6.7.2015 RECEIVED FROM TALUK OFFICE, CHENGANNUR ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P6 : TRUE COPY OF THE INFORMATION NO.74/2015 (RTI-35/20) DATED 30.7.2015 ISSUED BY VILLAGE OFFICE, ALA ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P6(a) : TRUE COPY OF THE APPLICATION FOR INFORMATION DATED 24.6.2015 FILED BEFORE PULIYOOR VILLAGE OFFICE ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P7 : TRUE COPY OF THE INFORMATION IN LETTER NO.03/2015/RTI DATED 20.7.2015 ISSUED BY VILLAGE OFFICE, CHERIYANADU ALONG WITH ENGLISH TRANSLATION.
W.P(C).40344/2018 5 EXHIBIT P8 : TRUE COPY OF THE INFORMATION IN LETTER NO.5/2015/RTI DATED 6.8.2015 ISSUED BY VILLAGE OFFICE, CHERIYANADU ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P9 : TRUE COPY OF THE INFORMATION IN LETTER BEARING NO.47/2015 DATED 6.7.2015 RECEIVED FROM VILLAGE OFFICE, PULIYUR ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P10 : TRUE COPY OF THE INFORMATION DATED 23.7.2015 IN LETTER NO.190/15 ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P10(a) : TRUE COPY OF THE RESPONSE PROVIDED ON THE FLOOR OF LEGISLATIVE ASSEMBLY DURING ITS SESSION ON 11.7.2016 TO UNSTARRED QUESTION NO.952 ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P11 : TRUE COPY OF THE ORDER NO.DMC 2-2342/2016 DATED 9.2.2017 PASSED BY THE DISTRICT COLLECTOR ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P12 : TRUE COPY OF THE LETTER-11.9.2017 WRITTEN BY TAHSILDAR, CHENGANNUR TO THE EXECUTIVE ENGINEER, MINOR IRRIGATION SECTION ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P13 : TRUE COPY OF THE REPRESENTATION DATED 19.3.2018 FILED BY THE PETITIONERS.
RESPONDENTS' EXHIBITS NIL // TRUE COPY // P.A. TO JUDGE