Kerala High Court
Kochi Residents Associations ... vs State Of Kerala on 29 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 11680 OF 2020 1
2025:KER:81059
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 29TH DAY OF OCTOBER 2025 / 7TH KARTHIKA, 1947
WP(C) NO. 11680 OF 2020
PETITIONER/S:
1 KOCHI RESIDENTS ASSOCIATIONS CO-ORDINATION
COMMITTEE,
8/1213, SREE HARI NILAYAM, NEAR NORTH GATE - TD
TEMPLE, SOUTH CHERLAI, COCHIN 682 002 REP. BY ITS
PRESIDENT (I) BENNY JOSEPH, S/O.JOSEPH K.M., AGED
68, 10/115A, ABHAYAM, KADAVIPARAMBIL, CHULLICKAL,
COCHIN - 682 005 AND (2) ITS SECRETARY SANATHNA
PAI, S/O.K.HARI PAI, AGED 75, 8/1213, NEAR TD NORTH
GATE, S.CHERALAI, COCHIN - 682002.
2 ADITHYA RESIDENTS ASSOCIATION
P.C.AUGUSTINE ROAD, EAST PANDIKUDY, COCHIN 2 REP.
BY ITS PRESIDENT, K.P.MAJEED, S/O.PAREETH KUNJU,
AGED 72, H.NO.8/2341, M.K.RAGHAVAN ROAD, COCHIN -
682 002.
3 SANATHANA PAI
AGED 75 YEARS
S/O.K.HARI PAI, SECRETARY UDHYANESWAR RESIDENTS
ASSOCIATION, 8/1213, NEAR TD NORTH GATE,
S.CHERALAI, COCHIN - 682002.
BY ADVS.
SRI.SAJAN MANNALI
SRI.AADITHYAN S.MANNALI
RESPONDENT/S:
WP(C) NO. 11680 OF 2020 2
2025:KER:81059
1 STATE OF KERALA
REP. BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -
695001.
2 SECRETAR TO GOVERNMENT
DEPARTMENT OF URBAN AFFAIRS, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM -695 001.
3 SECRETARY TO GOVERNMENT
IRRIGATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
4 DISTRICT COLLECTOR
CIVIL STATION, ERNAKULAM -682016.
5 REVENUE DIVISIONAL OFFICER
FORT KOCHI, KOCHI, PIN- 682 001.
6 CORPORATION OF COCHIN
PARK AVENUE ROAD,ERNAKULAM - 682 035 REP. BY ITS
SECRETARY.
7 EXECUTIVE ENGINEER
CORPORATION OF COCHIN, PARK AVENUE ROAD, ERNAKULAM
- 682035.
8 ASSISTANT EXECUTIVE ENGINEER
ZONAL OFFICE, CORPORATION OF COCHIN, FORT KOCHI,
COCHIN - 682 001.
9 ASSISTANT HEALTH OFFICER
ZONAL OFFICE, CORPORATION OF COCHIN, MATTANCHERRY,
COCHIN - 682001.
0 ADDL.R10. SUPERINTENDING ENGINEER,
MINOR IRRIGATION DIVISION, ERNAKULAM. IS SUO MOTU
IMPLEADED AS PER ORDER DATED 08-10-2020 IN WP(C)
11 ADDL.R11. COCHIN SHIPYARD LTD.,
REPRESENTED BY ITS SECRETARY, PERUMANOOR P.O.,
KERALA, INDIA, COCHIN - 682 015.
WP(C) NO. 11680 OF 2020 3
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12 ADDL.12. COASTGUARD,
REPRESENTED BY ITS DISTRICT COMMANDER,
HEADQUARTERS, COASTGUARD DISTRICT NO.4, KALAVATHY
ROAD, FORT COCHI-682 001. ARE IMPLEADED AS PER
ORDER DATED 18-11-2020.
13 ADDL.R13.DISTRICT DISASTER MANAGEMENT AUTHORITY,
CIVIL STATION, KAKKANAD, PIN-682 030.
14 ADDL.R14. THE CHIEF EXECUTIVE OFFICER,
COCHIN SMART MISSION LIMITED, 4TH FLOOR, JLN
STADIUM, METRO STATION, KOCHI, KALOOR-682 017. ARE
SUO MOTU IMPLEADED AS PER ORDER DATED 11-12-2020
15 ADDL.R15. COCHIN PORT TRUST WILLINGTON ISLAND,
KOCHIN, KERALA-682 003. IS SUO MOTU IMPLEADED AS
PER ORDER DATED 27-01-2021 IN WP(C).
BY ADVS.
GOVERNMENT PLEADER
SHRI.JIBU P THOMAS
SMT.LATHA ANAND
SRI.K.JAJU BABU (SR.)
SRI.JIBU P.THOMAS,SC,COCHIN CORPORATION
SHRI.S.KANNAN, SENIOR G.P.
SRI.M.N.RADHAKRISHNA MENON
SMT.M.U.VIJAYALAKSHMI
SHRI.S.S VISHNU
SHRI.K.JANARDHANA SHENOY, SC, KOCHI MUNICIPAL
CORPORATION
SHRI.C.N.PRABHAKARAN
O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA
OTHER PRESENT:
SR GP SRI S KANNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 11680 OF 2020 4
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P.V.KUNHIKRISHNAN, J
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WP (C) No. 11680 of 2020
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Dated this the 29th day of October, 2025
JUDGMENT
The above writ petition is filed with following prayers:
i. "Issue a writ of Mandamus or any other appropriate writ, order or direction commanding the respondents to remove the silt accumulated in 13 ft depth and debris from the Rameshwaram- Kalvatthy canal and to dispose such waste removed from the canal immediately and to prevent water logging in West Cochin.
ii. Issue a further direction to the respondents to immediately dispose the silt and debris taken from the canal and not to keep it on the ridges/ road margins. iii. Pass such other appropriate order as deem just and fit to this Hon'ble Court.
And iv. allow this Writ Petition(Civil) with cost." [sic]
2. The Senior Government Pleader submitted that the removal of silt accumulated in at Rameswaram-
Kalvathy canal is going on and the Government and the WP(C) NO. 11680 OF 2020 5 2025:KER:81059 Corporation will do the needful, in accordance with law. In the light of the same, I am of the considered opinion that this writ petition need not be retained here. If there is any fresh cause of action, the petitioners can approach this Court, in accordance with law.
With the above observation, this writ petition is disposed of.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
Judgment reserved NA
Date of Judgment 29/10/25
Judgment dictated 29/10/25
Draft judgment placed 29/10/25
Final judgment uploaded 29/10/25 WP(C) NO. 11680 OF 2020 6 2025:KER:81059 APPENDIX OF WP(C) 11680/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DTD.
6/8/2018 PREFERRED TO THE 4TH RESPONDENT DISTRICT COLLECTOR.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DTD.
19/11/2018 TO THE 4TH RESPONDENT DISTRICT COLLECTOR.
EXHIBIT P3 TRUE COPY OF THE JOINT REPRESENTATION DTD. 31/10/2019 TO THE CHIEF MINISTER, MINISTE5R FOR LSGI, MINISTER OF IRRIGATION DEPARTMENT AND TO THE RESPONDENTS 6 - 8.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 7/11/2019 PREFERRED BY THE 2ND PETITIONER TO THE MP OF THE ERNAKULAM LOKSABHA CONSTITUENCY.
EXHIBIT P5 PHOTOGRAPHS OF THE WATER LOGGING MENACE IN THE WEST COCHIN IN THE 2019 RAINY SEASON.
EXHIBIT P6 PHOTOGRAPHS OF THE WATER LOGGING MENACE IN THE WEST COCHIN IN THE 2019 RAINY SEASON.
EXHIBIT P7 TRUE COPY OF THE NEWS ITEM REPORTED IN THE MALAYALA MANORAMA DAILY DATED 25/04/2018.
EXHIBIT P8 TRUE COPY OF THE NEWS ITEM REPORTED IN THE MALAYALA MANORAMA DAILY DATED 22/4/2020.
EXHIBIT P9 TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 5/1/2020.
EXHIBIT P10 TRUE COPY OF THE RECEIPT DTD. 4/11/2019 ISSUED FROM THE OFFICE OF THE 5TH RESPONDENT RDO.
EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DTD.
11/3/2020 PREFERRED BY THE 1ST PETITIONER TO THE FIRST RESPONDENT, 2ND RESPONDENT AND TO THE OTHER AUTHORITIES.
EXHIBIT P12 PHOTOGRAPHS OF THE RAMESWARAM CANAL.
WP(C) NO. 11680 OF 2020 72025:KER:81059 EXHIBIT P13 PHOTOGRAPHS OF THE RAMESWARAM CANAL. EXHIBIT P14 PHOTOGRAPHS OF THE RAMESWARAM CANAL. EXHIBIT P15 PHOTOGRAPHS OF THE RAMESWARAM CANAL. EXHIBIT P16 PHOTOGRAPHS OF THE RAMESWARAM CANAL. EXHIBIT P17 PHOTOGRAPHS OF THE RAMESWARAM CANAL. EXHIBIT P18 PHOTOGRAPHS OF THE RAMESWARAM CANAL. EXHIBIT P19 PHOTOGRAPHS OF THE RAMESWARAM CANAL. EXHIBIT P20 PHOTOGRAPHS OF THE RAMESWARAM CANAL. EXHIBIT P21 PHOTOGRAPHS OF THE RAMESWARAM CANAL. EXHIBIT P22 PHOTOGRAPHS OF THE RAMESWARAM CANAL. EXHIBIT P23 PHOTOGRAPHS OF THE RAMESWARAM CANAL. EXHIBIT P24 PHOTOGRAPHS OF THE RAMESWARAM CANAL. EXHIBIT P25 PHOTOGRAPHS OF THE RAMESWARAM CANAL.