Petitioner filed writ petition alleging unauthorized removal of sand from river adjacent to his property and inaction by authorities. Court directed respondents to consider petitioner's exhibits and take necessary action.
Directions issued for respondents to consider exhibits (P.2 to P.5) and take necessary action without delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931
WP(C).No. 2623 of 2009(K)
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PETITIONER:
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SHYJU, S/O.PURUSHOTHAMAN, S.D.BHAVAN, POOZHIKUNNU, KARUMAM, NEMOM VILLAGE, THIRUVANANTHAPURAM.
BY ADVS. MR.M.RAJAGOPALAN NAIR,
MR.G. BIJU.
RESPONDENTS:
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1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
3. THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM.
4. THE SUB INSPECTOR OF POLICE, NEMAM POLICE STATION.
5. CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM.
6. SUDHAKARAN, S/O.SANKARAN, PLANKALAMUKKU, STUDIO ROAD, ESTATE P.O., THIRUVANANTHAPURAM.
7. SANAL, S/O.THANKAYYAN NADAR, THERVIZHINJIMELETHATTU PUTHEN VEEDU, ESTATE P.O., THIRUVANANTHAPURAM.
W.P.(C). NO.2623/2009-K:
8. THANKACHAN, S/O.THANKAYYAN NADAR, THERVIZHINJIMELETHATTU PUTHEN VEEDU, ESTATE P.O., THIRUVANANTHAPURAM.
9. RAJAN, S/O.MADHAVAN NADAR, PEROOKKONAM PUTHENVEEDU, KUNNAPPUZHA P.O.
10. RAMESH @ KUDAM MANIYAN, PEROOKKONAM PUTHENVEEDU, KUNNAPPUZHA P.O..
11. SELVARAJ @ CHINGAM, PEROOKKONAM PUTHENVEEDU, KUNNAPPUZHA P.O.
R1 TO R4 BY GOVERNMENT PLEADER SMT. K.R. DEEPA, R5 BY ADV. MR.P.K.MANOJKUMAR,S.C.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). NO.2623/2009-K:
APPENDIX
PETITIONERS' EXHIBITS:
EXT.P.1: COPY OF THE SALE DEED NO. 1096/97 DTD. 12/05/1997 OF NEMOM SUB REGISTRY THORUGH WHICH PETITIONER DERIVED OWNERSHIP OVER THE ABOVE PROPERTY.
EXT.P.2: COPY OF THE TAX RECEIPT.
EXT.P.3: COPY OF THE COMPLAINT SUBMITTED BEFORE THE R.2. EXT.P.4: COPY OF THE COMPLAINT SUBMITTED BEFORE THE R.3. EXT.P.5: COPY OF THE COMPLAINT SUBMITTED BEFORE THE R.4.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE.
Prv.
THOTTATHIL B. RADHAKRISHNAN, J.
= = = = = = = = = = = = = = = = = = = = = = = =
W.P.(C).No.2623 of 2009-K
= = = = = = = = = = = = = = = = = = = = = = = = Dated this the 9th day of June, 2009.
JUDGMENT
Heard the learned counsel for the petitioner and the learned standing counsel for 5th respondent.
The petitioner's complaint is that there is unauthorized removal of sand from river flowing aside his property. He has made representations before the respondent. He alleges that no action has been taken on such representations. Under such circumstances, this writ petition is ordered directing that Exts.P2 to P5 shall be taken up by respondents 2, 3 and 4 respectively and any action, if found necessary, shall be taken without delay.
THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/110609
2 issues framed by the court
Whether the respondents are under a duty to investigate complaints of unauthorized removal of sand from the river.
Whether a writ should be issued directing the respondents to consider the petitioner's representations regarding unauthorized removal of sand.
SHYJU, S/O.PURUSHOTHAMAN
STATE OF KERALA
DISTRICT COLLECTOR, THIRUVANANTHAPURAM
REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM
SUB INSPECTOR OF POLICE, NEMAM
CORPORATION OF THIRUVANANTHAPURAM
THOTTATHIL B. RADHAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
