This writ petition concerns a dispute over a blocked water channel affecting the petitioner's paddy land cultivation. The High Court directed the District Collector to open the channel within six weeks after removing the blockage.
Direction to the 2nd respondent to open the water channel by removing the blockage within six weeks.
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 P.R.RAMACHANDRA MENON
FRIDAY, THE 8TH DAY OF NOVEMBER 2013/17TH KARTHIKA, 1935
WP(C).No. 2237 of 2013 (D)
PETITIONER(S):
SAHADEVAN AGED 66 YEARS
S/O.K.P.KESAVAN, KANDACHANTHARA, PALLAM P.O KOTTAYAM.
BY ADV. SRI.T.K.RADHAKRISHNAN
RESPONDENT(S):
S/O.NARAYANAN (GOVT. SERVANT) NEELAKANDA MANDIRAM KANNADY, KUNNUMMA, ALAAPPUZHA.
S/O.NARAYANAN, NEELAKANDA MANDIRAM, KANNADY
KUNNUMMA, ALAAPPUZHA.
R3 BY ADV. SRI.K.S.HARIHARAPUTHRAN
R3 BY ADV. SRI.GEORGE MATHEW R1 & R2 BY GOVT. PLEADER SMT. K.A. SANGEETHA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ma
WP(C).No. 2237 of 2013
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT P1. COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 04.02.2010.
EXHIBIT P2. COPY OF THE ORDER OF 2ND RESPONDENT. EXHIBIT P3. COPY OF REPORT SUBMITTED BY THE 2ND RESPONDENT DT. 4.10.11.
EXHIBIT P4. COPY OF THE ORDER OF THE IST RESPONDENT DATED 18.07.2011. EXHIBIT P5. COPY OF THE LAST REPRESENTATION WAS ACCEPTED BY THE IST RESPONDENT DATED 13.12.2012.
RESPONDENTS' EXHIBITS
/TRUE COPY/
P.A TO JUDGE
P.R. RAMACHANDRA MENON, J.
========================
W.P.(C). No. 2237 of 2013
-------------------------------------------Dated this the 8th day of November, 2013
JUDGMENT
The petitioner is the owner of the property having an extent of 4 acres in Sy. Nos. 15/3, 14/9, 14/10, 14/11, 15/1 and 17/1 of Kunnumma Villate of Kuttanadu Taluk, which is a paddy land and is being regularly cultivated by the petitioner. It is stated that, there is a water channel going along the side of the properties of the respondents 3 to 5 and flowing into the property of the petitioner and that the water flowing through the said channel is being made use of by the petitioner for cultivation. Without any regard to the natural flow of water, the same was blocked by the respondents 3 to 5, which made the petitioner to approach the 2nd respondent by filing necessary application seeking for immediate intervention.
the petitioner to approach the concerned District Collector. The District Collector considered and disposed of the matter by
W.P.C. No. 2237 of 2013 -2-
passing Ext.P4 order dated 18.07.2011, directing the 2nd respondent to take necessary steps to cause the water channel to be opened and to finalize the matter after giving an opportunity of hearing to the parties concerned as specified therein. Nothing has transpired in the positive and hence the writ petition.
and the service of notice to the concerned respondents is also completed. Till date, no counter affidavit has been filed by any of the respondents.
W.P.C. No. 2237 of 2013 -3-
after removing the blockage. The proceedings in this regard shall be finalized at the earliest, at any rate, within 'six weeks' from the date of receipt of a copy of this judgment along with a copy of the writ petition.
The writ petition is allowed to the said extent. No cost.
P.R. RAMACHANDRA MENON, JUDGE.
kp/-
2 issues framed by the court
Whether the District Collector should be directed to remove blockage in water channel causing grievance to petitioner.
Whether writ petitioners are entitled to relief caused by blockage in water channel.
Sahadevan
State of Kerala
Sreekumar
Prasad
Pradeep
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
