IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE4H DAY OF SEPTEMBER201313TH BHADRA, 1935 WP(C).No. 22047 of 2013 (E) --------------------------------------- PETITIONER(S): ----------------------- MARTIN, S/O. KUNJAPPAN, AGED43YEARS, THARAYIL HOUSE, MALAYATOOR, ERNAKULAM DISTRICT. BY ADV. SRI.PAUL K.VARGHESE RESPONDENT(S): -------------------------- 1. THE GOVERNMENT SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 1.
2. THE CHIEF ENGINEER, PROJECT II, THIRUVANANTHAPURAM-1, (EDAMALAYAR IRRIGATION PROJECT).
3. THE SUPERINTENDING ENGINEER, PIRAVOM, ERNAKULAM DISTRICT, EDAMALAYAR IRRIGATION PROJECT, PIN - 686 664.
4. THE EXECUTIVE ENGINEER II P DIVISION, EDAMALAYAR IRRIGATION PROJECT, ANGAMALY, ERNAKULAM DISTRICT - 683 572.
5. THE EXECUTIVE ENGINEER, II P DIVISION - 2, CHALKUDY, THRISSUR DISTRICT.
6. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD - 682 030. BY SENIOR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0409-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ WP(C).No. 22047 of 2013 (E) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1- TRUE COPY OF THE RELEVANT PAGES OF THE BASIC TAX REGISTER OF THE PROPERTY IN SY. NO. 369/3 RE.SY.NO. 81/5 MALAYATOOR VILLAGE EXHIBIT-P2- TRUE COPY OF THE RELEASE DEED NO. 1068/1/2012 OF SRIMOOLANAGARAM SRO EXECUTED IN FAVOUR OF THE PETITIONER DATED2803/2012. EXHIBIT-P3- TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER MALAYATTOOR VILLAGE IN RESPECT OF THE PROPERTY IN RE.SY.NO. 81/5 OF MALAYATOOR VILLAGE TO THE PETITIONER DATED0904/2012 EXHIBIT-P4- TRUE COPY OF THE JUDGMENT
IN W.P(C) NO126552012 DATED0106/2012. EXHIBIT-P5- TRUE COPY OF THE ORDER
IN RP NO. 616/2012 IN W.P(C) 12655/2012 DATED2007/2012. EXHIBIT-P7- TRUE COPY OF THE PLAINT IN O.S3242012 ON THE FILES OF THE MUNSIFF COURT, ALUVA. EXHIBIT-P8- TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE MALAYATTOOR PANCHAYATH IBN O.S3242012 DATED0104/2013 EXHIBIT-P9- TRUE COPY OF THE REPRSENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS DATED2305/2013 EXHIBIT-P10- TRUE COPY OF THE RECEIPT SHOWING ACKNOWLEDGMENT OF EXHIBIT-P9 REPRESENTATION ISSUED BY THE EXECUTIVE ENGINEER EDAMALAYAR IRRIGATION PROJECT DATED2305/2013 EXHIBIT-P11- TRUE COPY OF THE RECEIPT SHOWING ACKNOWLEDGMENT OF EXHIBIT-P9 REPRESENTATION BY THE TAHSILDAR ALUVA DATED2305/2013. EXHIBIT-P12- TRUE COPY OF THE POSTAL RECEIPT DATED2305/2013 SHOWING ISSUANCE OF EXHIBIT-P9 REPRESENTATION TO THE CHIEF ENGINEER, IDAMALAYAR IRRIGATION PROJECT DATED2305/2013. EXHIBIT-P13- TRUE COPY OF THE POSTAL RECEIPT SHOWING THE ISSUANCE OF EXHIBIT-P9 REPRESENTATION TO THE SECRETARY WATER RESOURCE DATED2305/2013. PJ ...2/- ..2.. WP(C).No. 22047 of 2013 (E) --------------------------------------- EXHIBIT-P14- TRUE COPY OF THE POSTAL RECEIPT SHOWING ISSUANCE OF EXHIBIT-P9 REPRESENTATION TO THE SUPERINTENDING ENGINEER, PIRAVOM DATED2305/2013. EXHIBIT-P15- TRUE COPY OF THE POSTAL RECEIPT SHOWING ISSUANCE OF EXHIBIT-P9 REPRESENTATION TO THE DISTRICT COLLECTOR, DATED2305/2013/. EXHIBIT-P16- TRUE COPY OF THE JUDGMENT
IN W.P(C) 13394/2013 DATED2805/2013. EXHIBIT-P17- TRUE COPY OF THE ORDER
NO. A1 575/2013 ISSUED BY EXECUTIVE ENGINEER EDAMALAYAR IRRIGATION PROJECT DATED2507/2013 EXHIBIT-P18- TRUE COPY OF THE LETTER NO. A3-820/2013 ISSUED BY THE EXECUTIVE ENGINEER, CHALAKKUDY TO THE SUPERINTENDING ENGINEER, PIRAVOM DATED2607/2013. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL. / TRUE COPY / P.S. TO JUDGE PJ P.R.RAMACHANDRA MENON, J.
- - - - - - - - - - - - - - - - - - - - - W.P.(c) No. 22047 OF2013- - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the day of August, 2013 th JUDGMENT
This is by way of second round, that the petitioner is constrained to approach this Court, with the following prayers : "a) Issue a writ of mandamus or other appropriate writ order direction commanding the respondents not to draw excess water from Bhuthattankettu Dam to the Manappattichira in Malayattoor than its capacity so as to discharge excess water from it to the petitioner's property and to avoid flooding. b) Issue a writ of mandamus or other appropriate writ order or direction directing the respondents to take necessary steps to acquire the petitioner's property if necessary as per the provisions of the Land Acquisition Act within a time stipulated by this Court. c) Issue a writ of mandamus or other appropriate writ order or direction commanding the respondents to consider Ext.P9 representation within W.P.(C)No.22047/2013 2 a time specified by this Honourable Court and in the meantime take immediate and effective steps to avoid flooding in the petitioner's property having an extent of 26.8 Ares of land in Sy.No.81/5 of Malayattoor Village Ernakulam Dist. by discharging excess water from Manappattichira in Malayattoor Kara Ernakulam District. d) Issue of such other writ order or direction as may be necessary in the facts and circumstances of the case." 2. In the earlier round, W.P.(C)No.13394/2013 filed by the petitioner was disposed of, directing the fourth respondent to consider Ext.P9 report and to pass appropriate orders. Pursuant to the said verdict, the fourth respondent expressed the inability, stating that he was not having the power, jurisdiction or competence and accordingly, Ext.P18 communication was issued to the third respondent in this regard. Since nothing has turned in the positive so far, the petitioner is compelled to approach this Court again, by way of this writ petition.
3. The learned counsel for the petitioner submits that, if the respondents actually want the property of the petitioner, it is open for W.P.(C)No.22047/2013 3 them to invoke the provisions of the Land Acquisition Act and that the sixth respondent/District Collector is the competent authority/acquisitioning officer in this regard.
4. Heard the learned Government Pleader as well, who submits that the matter will be considered and finalised by the third respondent within the shortest possible time.
5. In the said circumstances, there will be a direction to the third respondent to consider Ext.P9 and pass appropriate orders in accordance with the relevant provisions of law, after hearing the petitioner, which shall be done at the earliest, at any rate within 'six weeks' from the date of receipt of a copy of this judgment Writ petition is disposed of. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the third respondent for further steps. P.R.RAMACHANDRA MENON JUDGE sv. W.P.(C)No.22047/2013 4