Allowed

T.V Mathew v. the Cheif Engineer(I&a)

Kerala HC30 May 2016WP(C)/8182/2016

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought direction to complete a government-sanctioned Vented Cross Bar-cum-Bridge project. The court rejected the respondents' reliance on local disputes to delay execution. It directed the Chief Engineer to fix the location based on feasibility within one month, addressing police aid if obstructed.

What did the court decide?

Directed the first respondent to fix the location of the sanctioned Vented Cross Bar-cum-Bridge within one month, to be executed subsequently; police aid to be sought if obstructed.

T.V Mathew Vs the Cheif Engineer(I&a) — Writ and Judicial Review | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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MONDAY, THE 30TH DAY OF MAY 2016/9TH JYAISHTA, 1938

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WP(C).No. 8182 of 2016 (W)

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PETITIONER:

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T.V MATHEW, AGED 61, S/O.VARKEY, S/O.VARKEY, THARAPPUTHOTTIYIL, THOTTUMUKKAM PO, AREEKKODE (VIA), KOZHIKODE DISTRICT, PIN-673 639.

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BY ADVS.SRI.GRASHIOUS KURIAKOSE (SR.) SRI.SEBASTIAN JOSEPH (KURISUMMOOTTIL)

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RESPONDENTS:

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1. THE CHEIF ENGINEER(I&A) THIRUVANANTHAPURAM-695 001.

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2. THE SUPERINTENDING ENGINEER

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MINOR IRRIGATION CIRCLE, WEST HILL, KOZHIKKODE-673 002.

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3. THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION, MALAPPURAM-670 501.

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4. THE ASSISTANT EXECUTIVE ENGINEER MINOR IRRIGATION SUB DIVISION, MALAPPURAM-670 501.

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R1-R4 BY ADV. GOVERNMENT PLEADER SRI. GIKKU JACOB.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 8182 of 2016 (W)

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-2-

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 : TRUE COPY OF THE MINUTES DT 26-8-2013 ITEM NO.116(1)13-14 OF THE PANCHAYATH COMMITTEE, KODIYATHUR.

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P2 : TRUE COPY OF THE REPRESENTATION DT 4-9-2013 SUBMITTED BEFORE THE HONOURABLE MINISTER FOR IRRIGATION.

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P3 : TRUE COPY OF THE GO(RT)NO.455/2015/WRD DT 9-6-2015

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P4 : TRUE COPY OF THE RELEVANT PORTION OF THE REPORT OF THE EXECUTIVE ENGINEER OBTAINED UNDER THE RIGHT TO INFORMATION ACT.

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P5 : TRUE COPY OF THE LIST OF BENEFICIARY OF FARMERS AND THE EXTENT OF LANDS TO BE BENEFITTED IE 154.79 HECTARES TO THE IRRIGATION DEPARTMENT ON 30-12-2013 SUBMITTED BY THE VILLAGE OFFICER.

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P6 : TRUE COPY OF A LIST OF BENEFICIARY FARMERS ON 18-6-2014 TO THE IRRIGATION DEPARTMENT SUBMITTED BY THE VILLAGE OFFICER.

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P7 : TRUE COPY OF THE LIST OF THE BENEFICIARY FARMERS SUBMITTED BY THE VILLAGE OFFICER, URAGATTIRI ON 20-6-2014

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P8 :A TRUE COPY OF THE REPORT DT 21-8-2014 OF THE CHIEF ENGINEER SUBMITTED TO THE GOVERNMENT.

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P9 : TRUE COPY OF COMMUNICATION DT 25-11-2014

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P10 : TRUE COPY OF THE REPRESENTATION DT 10-11-2015

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P11 : TRUE COPY OF THE REPRESENTATION DT 15-12-2015 OF THE HEADMASTER G.U.P.S., THOTTUMUKKAM.

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P12 : TRUE COPY OF THE PETITION TO THE CHIEF ENGINEER REQUESTING THE VERY SAME RELIEF ON 11-1-2016 BY THE SECRETARY, URANGATTIRI FEDERATION OF COCONUT PRODUCERS SOCIETIES, VETTILAPPARA.

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P13 : TRUE COPY OF THE REPRESENTATION DT 7-1-2016 SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT.

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P14 : TRUE COPY OF THE MASS PETITION SUBMITTED TO THE FIRST RESPONDENT.

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P15-TRUE COPY OF THE INFORMATION OBTAINED FROM S.H.O.AREACODE.

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RESPONDENT(S)' EXHIBITS ;NIL

TRUE COPY

P.S. TO JUDGE

AL/-

P.B.SURESH KUMAR, J.

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W.P.(C) No.8182 of 2016

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==================

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Dated this the 30^th day of May, 2016

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J U D G M E N T

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The petitioner is a resident of Thottumugham in Kozhikode District. The case of the petitioner is that at the request of the residents of that area, the Government accorded administrative sanction for construction of a Vented Cross Bar-cum-Bridge for increasing the agricultural productivity in the area by providing adequate irrigation facilities. Ext.P3 is the order issued by the Government in this connection on 9.6.2015. The case of the petitioner is that though administrative sanction for the above work was granted by the Government on 9.6.2015, the same is not being executed. He, therefore, seeks a direction to the respondents to complete the construction of Vented Cross Bar-cum-Bridge covered by Ext.P3 order of the Government without further delay.

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A statement has been filed by the fourth

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W.P.(C) No.8182 of 2016 - : 2 :-

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respondent. In the statement, it is stated, among others, that after getting the administrative sanction, the estimate and investigation data were forwarded to the Chief Engineer, IDRB (Irrigation) of the State Government for design approval. The said Chief Engineer took the view that the rock at the site is in a much lower level than the bed level. Consequently, the fourth respondent was directed to verify the feasibility of Vented Cross Bar-cum-Bridge at the present location as also at a location upstream where exposed rock is available. On the basis of the request made by the said Chief Engineer, the fourth respondent conducted a study and reported to the Chief Engineer that regulator cum bridge is not suitable in the present location as the work cannot be undertaken without constructing sufficient protective side walls due to the nature of the soil in the river banks. However, the feasibility of Vented Cross Barcum-Bridge could not be ascertained by the fourth respondent at a location upstream on account of the obstruction caused by the local residents. It is stated that one group of local residents demanded

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that the Vented Cross Bar-cum-Bridge be located upstream at Kambippalam and the other group demanded the construction at

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W.P.(C) No.8182 of 2016 - : 3 :-

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the original location. It is also stated by the fourth respondent that in view of the aforesaid dispute, the matter was referred to the District Collector, Malappuram for an amicable solution and the same is pending before the District Collector. According to the respondents, it is on account of the aforesaid reasons that the work sanctioned as per Ext.P3 could not be executed.

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Heard the learned Senior Counsel for the petitioner

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and also the learned Government Pleader.

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I do not find any justification for the stand taken by the respondents in not executing the work sanctioned as per Ext.P3 order of the Government. The location of the Vented Cross Barcum-Bridge sanctioned by the Government cannot be decided based on the claims of the local residents. Its location, on the other hand, has to be fixed by the department themselves taking into consideration the feasibility of construction and its intended object.

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In the said circumstances, I deem it appropriate to dispose of the writ petition directing the first respondent to fix the location of the Vented Cross Bar-cum-Bridge sanctioned as per Ext.P3 order of the Government within one month from the date of

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W.P.(C) No.8182 of 2016 - : 4 :-

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receipt of a copy of this judgment, taking into consideration the feasibility of construction and its intended object. If there is any obstruction in the matter of conducting the feasibility study, the District Superintendent of Police, Kozhikkode shall be addressed for police aid. Once the location is finalised, steps shall be taken within a month thereafter for execution of the work at the feasible location. Ordered accordingly.

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Sd/-

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P.B.SURESH KUMAR, JUDGE

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al/-

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True copy

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P.S to Judge

T.V Mathew v. the Cheif Engineer(I&a)

Case brief

What is this about?

What did the court decide?

T.V Mathew v. the Cheif Engineer(I&a)

Case brief

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What did the court decide?

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