Disposed

B. Surendradas v. State of Kerala

Kerala HC4 Aug 2017WP(C)/21048/2017

Case brief

AI extract

What is this about?

Writ petition challenging the inaction of the Chief Engineer regarding an application to replace a mud bund with a concrete bund. The court disposed of the petition, permitting the replacement within the petitioner's registered land boundaries.

What did the court decide?

Petitioner permitted to construct concrete bund replacing mud bund within registered land boundaries; Second Respondent and Village Officer directed to ensure construction.

B. Surendradas Vs State of Kerala — Writ and Judicial Review | Kerala HC (2017)

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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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FRIDAY, THE 4TH DAY OF AUGUST 2017/13TH SRAVANA, 1939

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WP(C).No. 21048 of 2017 (E)

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PETITIONER :

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B.SURENDRADAS, AGED 61 YEARS, S/O BHANU PANICKER, 'SREE VISHAKH', AMBALATHARA, POONTHURA P.O., THIRUVANANTHAPURAM.

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BY ADVS.SRI.K.B.PRADEEP SMT.J.HARIPRIYA

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.

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2. CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.

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BY GOVERNMENT PLEADER SRI.SANTHOSH PETER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 21048 of 2017 (E)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 PHOTOGRAPH OF THE PETITIONER'S PROPERTY AND THE BUND SEPARATING IT FROM THE RIVER.

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EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 15.02.2017 FILED BY THE

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PETITIONER TO THE 3RD RESPONDENT.

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EXHIBIT P3 CERTIFICATE DATED 28/7/2017 BY VILLAGE OFFICER, POVAR.

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RESPONDENT(S)' EXHIBITS:

NIL

/TRUE COPY/

P.A.TO JUDGE

sts

P.B.SURESH KUMAR, J.

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

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W.P.(C).No.21048 of 2017-E.

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

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Dated this the 4^th day of August, 2017.

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J U D G M E N T

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The petitioner is having a water body within the boundaries of his registered land. It is stated by the petitioner that the water body is presently separated from the nearby river by a mud bund. The petitioner wants to replace the said mud bund at his expenses. Ext.P2 is the application preferred by the petitioner before the second respondent for permission to replace the mud bund. The grievance of the petitioner in the writ petition concerns the inaction on the part of the second respondent in taking a decision on Ext.P2 application.

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When the matter was taken up on 27.07.2017, the learned Government Pleader submitted, on instructions, that there is no dispute as to the ownership of the water body. A doubt was expressed by the learned Government Pleader, however, as to the width of the bund which is sought to be replaced by the petitioner. The matter was accordingly adjourned so as to enable the petitioner to produce documents

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WP.(C).No.21048/2017-E.

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indicating the width of the bund.

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Today, when this matter was taken up, the petitioner has made available Ext.P3 certificate issued by the

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Village Officer which indicates that the width of the bund sought to be replaced is 1½ meter.

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In the circumstances, the writ petition is disposed of permitting the petitioner to put up a concrete bund in the place of the mud bund existing on the boundary of his property separating a nearby river. The second respondent and the Village Officer concerned shall ensure that the concrete bund is constructed by the petitioner within his registered land.

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Sd/-

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P.B.SURESH KUMAR, JUDGE.

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Kvs/-

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// true copy //

B. Surendradas v. State of Kerala

Case brief

What is this about?

What did the court decide?

B. Surendradas v. State of Kerala

Case brief

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