The High Court of Kerala, in a writ appeal, disposed of a petition seeking quashing of a notice by the Irrigation Department to remove gates placed by the petitioner on his property bordering an irrigation canal.
Petitioner directed not to obstruct water flow with gates and to hand over a set of keys to the Irrigation Department for access.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 21ST DAY OF AUGUST 2013/30TH SRAVANA, 1935
WA.No. 771 of 2013 () IN WP(C).24380/2012
AGAINST THE JUDGMENT IN WP(C) 24380/2012 DATED 25-02-2013
APPELLANT(S)/RESPONDENTS 1 AND 2 IN W.P.(C):-:
BY SENIOR GOVERNMENT PLEADER SRI.P.I.DAVIS
RESPONDENT(S)/PETITIONERS AND RESPONDENTS 3 TO 5 IN W.P.(C):-:
ANJILIPUZHA, PUTHUKUNDAM, KARTHIKAPPALLY - 690 514.
R1 & 2 BY SRI.M.K.CHANDRA MOHANDAS R4 & 5 BY SRI.A.KRISHNAN R3 BY SRI.R.SATISH KUMAR
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21-082013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MANJULA CHELLUR,C.J.
&
K.VINOD CHANDRAN, J.
= = = = = = = = = = = = = = = = W.A.No.771 of 2013
= = = = = = = = = = = = = = = = = = = = = Dated this the 21st day of August, 2013
JUDGMENT
Manjula Chellur,CJ
The respondent/writ petitioner approached the learned Single Judge seeking quashing of Ext.P2 notice issued to the writ petitioner to remove the gates put in the property owned by him, at two places where the Irrigation department's drain or canal passes through. It is not in dispute that on either sides of the disputed canal the property of the writ petitioner is situated.
W.A.No.771 of 2013
2
under Ext.R2(a), instructions seems to have been issued by the department. Merely for reason of existence of an irrigation canal, the locals cannot claim a right of way through its sides.
In that view of the matter, we dispose of the writ appeal directing the respondent- writ petitioner not to obstruct the flow of water by putting up the gates on either side of the property
W.A.No.771 of 2013
3
and further, to hand over one set of keys of the gates to the department so as to allow the department to have an access to the canal whenever they intend to visit the place. Writ Appeal is disposed of in the above terms.
MANJULA CHELLUR, CHIEF JUSTICE
K.VINOD CHANDRAN, JUDGE
sj21/8
2 issues framed by the court
Whether the notice to remove gates on the petitioner's property obstructing an irrigation canal was valid.
Whether the petitioner was justified in placing gates to prevent public access due to a nearby toddy shop nuisance.
2 provisions across 2 enactments
Executive Engineer, Pip Division, Chengannur
Sunil Kumar
Ambili S.
Karthikappally Grama Panchayat
Manoharan Pillai
Prakasan R.
Manjula Chellur
K.Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
