Petitioners sought directions to solve water logging in Thrissur caused by bunds and blocked canals. Court directed Fifth Respondent to form an expert committee within six weeks to suggest practical solutions.
Direction to Fifth Respondent to constitute an expert committee within six weeks to investigate water logging and submit practical solutions.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 06TH DAY OF NOVEMBER 2019 / 15TH KARTHIKA, 1941
WP(C).No.23336 OF 2019(N)
PETITIONER:
A.PRASAD,
AGED 38 YEARS, S/O. LATE VISWANATHAN NAIR, COUNCILLOR, DIVISION 54, THRISSUR CORPORATION, RESIDING AT PRASADAM, VADUKKOOT HOUSE, CHETTUPUZHA P.O, THRISSUR-68062.
BY ADV. SRI.C.R.REKHESH SHARMA
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY ADDL. CHIEF SECRETARY, ROOM NO.138, NORTH BLOCK, SECRETARIAT, THIRUVANANTHAPURAM-695036.
2 SECRETARY, DEPARTMENT OF IRRIGATION, GOVERNMENT OF KERALA, TRIVANDRUM-695036.
4 THE SUPERINTENDING ENGINEER, IRRIGATION CENTRAL CIRCLE, IRRIGATION DIVISION, CEHMBUKKAVU, THRISSUR-680020.
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*5 ADDL 5TH RESPONDENT THE SECRETARY TO GOVERNMENT, WATER RESOURCE DEPARTMENT, GOVERNMENT OF KERALA, ADDITIONAL 5TH RESPONDENT IS SUO MOTU IMPLEADED AS PER ORDER DATED 06.11.2019 IN W.P(C) NO.23336/2019.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P. (C) No. 23336 of 2019
J U D G M E N T
The petitioner is an elected representative to the
Thrissur Muncipal Corporation. The grievance voiced by the petitioner in the writ petition concerns the water logging during rainfall in Thrissur town which makes the life of the people miserable for days. It is stated by the petitioner that the water logging is mainly due to the unscientific construction of structures like bunds, water barriers etc. in the near by kole fields which leads to Enamavu and Idiyachira Regulators. It is also stated by the petitioner that the heavily growing aquatic plants in the water canals block the free flow of water and the inaction on the part of the authorities in controlling the regulators also contribute to the water logging. The petitioner seeks appropriate direction for a permanent solution for the issue.
also the learned Government Pleader.
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petition indicate that the grievance voiced by the petitioner is a genuine grievance affecting not only the petitioner but also others. The authorities concerned, in the circumstances, should have come out with a solution for the problem which if not solved, would continue to agonize the people.
passed by this court in similar matters, I deem it appropriate to dispose of the writ petition directing the fifth respondent to delve deep into the issue, constitute an appropriate committee of experts who would be in a position to suggest practical solutions for the problem and cause the committee to submit a report before the Government on the issue. Needless to say that appropriate action shall be taken thereafter to implement the suggestions of the committee in a time bound manner. The committee as aforesaid shall be constituted expeditiously, at any rate, within a period of six weeks. Ordered accordingly.
Sd/-
P.B.SURESH KUMAR, JUDGE.
YKB
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPIES OF THE NEWS PAPER REPORTS APPEARED ON MALAYALA MANORAMA ON 13TH AUGUST 2019. EXHIBIT P2 TRUE COPIES OF THE NEW PAPER REPORTS APPEARED ON MATHRUBHUMI ON 15TH AUGUST 2019. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE R3 ON 10.08.2019. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY MR.ANIL AKKARA MLA ON 23.07.2019 BEFORE THE DISTRICT COLLECTOR. EXHIBIT P5 TRUE COPIES OF THE NEW PAPER REPORTS APPEARED ON MALAYALA MANORAMA ON 11TH AUGUST, 13TH AUGUST AND 17 THE AUGUST 2019. EXHIBIT P6 TRUE COPIES OF THE NEW PAPER REPORTS APPEARED IN MATHRUBHUMI DAILY, ON 14TH AUGUST AND 17TH AUGUST 2019. EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 1ST RESPONDENT ON 14.08.2019.
RESPONDENT'S/S EXHIBITS:
NIL
//TRUE COPY//
PA TO JUDGE
YKB
1 issue framed by the court
Whether the court should direct the authorities to address water logging issues caused by unscientific construction in Thrissur town.
A. PRASAD
THE STATE OF KERALA
SECRETARY, DEPARTMENT OF IRRIGATION, GOVERNMENT OF KERALA
THE DISTRICT COLLECTOR, AYYANTHOLE
THE SUPERINTENDING ENGINEER, IRRIGATION CENTRAL CIRCLE
THE SECRETARY TO GOVERNMENT, WATER RESOURCE DEPARTMENT
P.B SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
