Kerala High Court
M.V.George vs The District Collector on 15 March, 2021
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942
WP(C).No.6605 OF 2021(A)
PETITIONER:
M.V.GEORGE
AGED 71 YEARS
S/O.VAVACHAN, MULLAMKUZHI VEETIL, CHELLANAM, SOUTH
CHELLANAM VILLAGE, ERNAKULAM, 682008.
BY ADV. SRI.M.R.SARIN
RESPONDENTS:
1. THE DISTRICT COLLECTOR
COLLECTORATE CIVIL STATION
KAKKANAD ERNAKULAM COCHIN - 30
PIN-682008.
2. THE PADASEKHARAN NEEL ULPADANAKARSHAHA SAGHAM,
REGISTRATION NO.ER/295/94 NEENDAKAR CHELLANAM
REPRESENTED BY ITS SECRETARY, CHELLANAM
ERNAKULAM- 682008.
3. DEPUTY DIRECTOR OF FISHERIES (ZONAL),
NEAR KERALA HIGH COURT, ERNAKULAM
SALIM ALI ROAD, FIRST FLOOR, FISHERIES COMPLEX,
KOCHI, KERALA, 682018.
4. CHELLANAM GRAMA PANCHAYATH REPRESENTED BY SECRETARY
KANDAKKADAVU P.O, SH66,
CHELLANAM, KOCHI, KERALA 682008.
ADV.SMT.PRINCY XAVIER, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.6605 OF 2021(A)
2
JUDGMENT
Dated this the 15th day of March 2021 The petitioner who is a resident of Chellanam is aggrieved by the in action of the respondents in complying with Exts.P1 and P3 judgments. By Ext.P3 judgment dated 08.10.2014, this Court had directed to take follow up action for implementation of the decision already taken with respect to the nuisance caused to the petitioners and others on account of the prawn farming activity, by constructing a retaining wall separating the property in which prawn farming is carried out from the properties of the petitioners and others. The petitioner points out that despite Ext.P3 judgment, no effective action is taken by the respondents though various representations were submitted before all the authorities including the District Collector as well as the Secretary of the Grama Panchayath. The petitioner points WP(C).No.6605 OF 2021(A) 3 out that the nuisance continues. Therefore, the petitioner seeks a direction to the respondents again for consideration of the said representations Exts.P4, P5 and P6.
2. The writ petition is therefore, disposed of with a direction to the 1st respondent-District Collector to take appropriate action for the construction of the retaining wall on the basis of the decision taken as early as on 04.01.2014 in co- ordination with the Panchayath and other stake holders within a period of three months from the date of receipt of a copy of the judgment.
Sd/-
P.V.ASHA JUDGE DM WP(C).No.6605 OF 2021(A) 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF JUDGMENT IN WPC NO.
23781/2013 GIVEN BY HON'BLE HIGH COURT ON 30.09.2013.
EXHIBIT P2 THE TRUE COPY OF ORDER PASSED BY RESPONDENT 1 ON 04.01.2014.
EXHIBIT P3 THE TRUE COPY OF JUDGMENT IN WPC NO.24910/2014 GIVEN BY HON'BLE HIGH COURT ON 08.10.2014.
EXHIBIT P4 THE TRUE COPY OF REPRESENTATION BEFORE 1ST RESPONDENT ON 23.11.2020.
EXHIBIT P5 THE TRUE COPY OF REPRESENTATION BEFORE 3RD RESPONDENT ON 23.11.2020.
EXHIBIT P6 THE TRUE COPY OF REPRESENTATION BEFORE 4TH RESPONDENT ON 23.11.2020.
RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE