Allowed

Moosakutty v. State of Kerala

Kerala HC18 Jan 2021WP(C)/12360/2017

Case brief

AI extract

What is this about?

This writ petition sought a mandamus directing government officials to consider representations regarding clearing slush and sand from dams in Palakkad District to improve water storage and boost revenue. The court directed the Principal Secretary to the Irrigation Department to pass orders within four weeks if the representation was pending.

What did the court decide?

Direction to Principal Secretary, Irrigation Department to consider and pass orders on Ext.P2 representation within four weeks if pending.

Moosakutty Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

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WP(C).No.12360 OF 2017(S)

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PETITIONER:

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MOOSAKUTTY, S/O. USSANAR, KOMATHPARAMBIL, VAVULLIAPURAM, ALATHUR TALUK, PALAKKAD DISTRICT

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BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H.

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 PRINCIPAL SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM -695 001.

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3 DISTRICT COLLECTOR PALAKKAD DISTRICT -678 001.

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4 EXECUTIVE ENGINEER PWD IRRIGATION DEPARTMENT, PALAKKAD - 678 001.

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5 TAHASILDAR, PALAKKAD - 678 001.

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6 TAHASILDAR CHITTUR PALAKKAD, DISTRICT - 678 101.

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W.P(C).12360/2017

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7 TAHASILDAR ALATHUR, PALAKKAD DISTRICT-678541

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8 TAHASILDAR MANNARKKAD,PALAKKAD DISTRICT-678582

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9 SENIOR GEOLOGIST DEPT. OF MINING AND GEOLOGY, DISTRICT OFFICE, PALAKKAD - 678001

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SRI. ARAVINDA KUMAR BABU, SR. GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C).12360/2017

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JUDGMENT

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Dated this the 18^th day of January, 2021

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S. Manikumar, CJ.

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Petitioner has sought for a mandamus directing the Principal Secretary to the Government, Irrigation Department/respondent No.1 to consider and take action on Ext.P2 representation.

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He has also sought for a direction to the Principal Secretary to Government Finance Department/respondent No.2 to consider Ext.P3 representation.

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Ext.P2 and P3 are representations dated 23.3.2017 submitted

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by the petitioner, to respondents 1 and 2, which is extracted hereunder:

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“REQUEST FOR CONSIDERATION OF REMOVAL OF SLUSH / CLAY / SAND STORED IN VARIOUS DAMS IN PALAKKAD DISTRICT TO PROVIDE BETTER STORAGE FACILITIES OF WATER AND TO BOOST REVENUE

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The petitioner herein is a public spirited person and a social worker. He is aggrieved by the severe drought conditions prevailing in Palakkad District due to acute summer and shortage of rainfall during the last monsoon season.

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The erstwhile rulers of Madras Presidency had the far sightedness to plan construction of various dams in Palakkad District during the post indepence period before the formation of Kerala State. There are about 7 or more irrigation dams in Palakkad District namely, Malampuzha

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W.P(C).12360/2017

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Dam, Walayar Dam, Kanjirapuzha Dam, Mangalam Dam, Meenkara Darn, Chulliar Dam, Pothundi Dam and the Moolathara Dam, which have come into existence after the formation of Kerala State.

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The water stored in all the dams referred above are mainly used for irrigation purposes and also for providing drinking water to the people in the district of Palakkad. The slush and sand stored in the various dams referred on account of the inflow of water have not been removed since the last so many decades.

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In a number of cases of similar nature, the irrigation department had collected and sold the slush (clay) and sand after separating them so as to enable free flow of water through the irrigation canals and also for providing better storage of water in the various dams. The sale of such slush/clay/sand have yielded substantial revenue to the Government apart from providing better environment, irrigation and drinking water.

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In the recent past, a number of Infrastructural Developmental activities are being formulated in the State of Kerala including laying of 6 lane roads, construction of road flyovers, doubling of electric line to various sectors, strengthening of tank bunds for storage of water for irrigation purposes etc. are taking place at various places. But, shortage of river sand, loose soil for laying roads and for doubling railway lines and hamper developmental activities.

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In this context, a recent print media report published in Malayala Manorama daily, Palakkad edition had highlighted the need for better storage of water in the catchment area of various dams in Palakkad District including Malampuzha

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W.P(C).12360/2017

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Dam, Meenkara-Chulliyar dam, Kanjirapuzha dam, Pothundi Dam and Mangalam Dam vide reported in Manorama daily dated 22.03.2017.

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The petitioner had a discussion with a number of scientific experts in this regard who have advised that removal of slush, clay and sand from the heap storage in the catchment area of the respective dams will help better storage facilities in the various dams and also will reap substantial revenue to the Government by auction sale of slush, clay and sand by using scientific methods in which there are several companies with expertise in the field.

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In view of the fact that the South West Monsoon season is likely to commence during the 3^rd week of May 2017, early consideration of Exhibit.P3 & P4 favourably will result in better storage of water in all the dams as well as will result in the boost of government revenue to the tune of Rs.3,000/crores in Palakkad District alone. Apart from that, a batch of infrastructure developmental activities being carried out by the Government like formation of six lane roads, doubling of railway tracks, construction of building complexes, formation of various bypass roads, construction of various road flyovers including railway overbridges.

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Hence, I am making this request for considering and taking suitable action in this matter by the Government on priority basis.

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Dated this the 23rd day of March , 2017.”

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Considering the limited prayer, Mr. Aravindakumar Babu, learned Special Government Pleader submitted that the Principal Secretary to the Government, Irrigation Department, Secretariat,

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W.P(C).12360/2017

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Thiruvananthpauram may be directed to consider and pass orders on Ext.P2 representation, if not disposed of earlier.

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Placing on record the submission of learned Senior Government Pleader, Principal Secretary, Irrigation Department, Thiruvananthapuram (respondent No.1) is directed to pass orders on Ext.P2 representation dated 23.3.2017, if it is still pending, within four weeks from the date of receipt of a copy of this judgment.

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Sd/S. Manikumar, Chief Justice

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Sd/Shaji P. Chaly, Judge

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sou.

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W.P(C).12360/2017

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF PASS ISSUED BY THE MINOR IRRIGATION DIVISION, KOLLAM ON 03.12.2013 FOR TRANSPORTATION OF SLUSH/CLAY TAKEN FROM A PUBLIC PLACE ALONGWITH ITS ENGLISH TRANSLATION

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EXHIBIT P2 TRUE COPY OF THE DETAILED REPRESENTATION FILED BY THE PETITIONER ADDRESSED TO THE 1ST RESPONDENT ON 23.03.2017

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EXHIBIT P3 TRUE COPY OF THE DETAILED REPRESENTATION FILED BY THE PETITIONER ADDRESSED TO THE 2ND RESPONDENT ON 23.03.2017

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EXHIBIT P4 TRUE COPY OF THE DETAILS OF THE VARIOUS DAMS INCLUDING THE DAMS IN PALAKKAD DISTRICT AS EVIDENCED BY THE LEAFLET ISSUED ENVIS CENTRE HOSTED BY THE KERALA STATE COUNCIL FOR SCIECNE TECHNOLOGY AND ENVIRONMENT.

Moosakutty v. State of Kerala

Case brief

What is this about?

What did the court decide?

Moosakutty v. State of Kerala

Case brief

What is this about?

What did the court decide?

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