Disposed

Saifudeen, v. the State of Kerala

Kerala HC14 Jan 2021WP(C)/13343/2020

Case brief

AI extract

What is this about?

The High Court in Ernakulam disposed of a writ petition filed by Saifudeen challenging water flow issues. The Court observed that the damaged sluice was replaced and no further reliefs were required, directing the petitioner to approach competent authorities for permanent solutions if pipes were laid through his property.

What did the court decide?

The writ petition was closed with leave for the petitioner to approach competent authorities for permanent solution.

Saifudeen, Vs the State of Kerala — Writ and Judicial Review | 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 MR.JUSTICE N.NAGARESH

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THURSDAY, THE 14TH DAY OF JANUARY 2021/24TH POUSHA, 1942

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WP(C).No.13343 OF 2020(P)

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PETITIONER:

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SAIFUDEEN, AGED 32 YEARS, S/O. SAIDU MUHAMMED, PUTHUKKADAN HOUSE, ERUMATHALA P.O., EDATHALA, ALUVA, ERNAKULAM.

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BY ADVS. SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE

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RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, IRRIGATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE PERIYAR VALLEY IRRIGATION PROJECT, SUB DIVISION NO.14, ALUVA. REPRESENTED BY ITS EXECUTIVE ENGINEER, ALUVA.

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3 THE EXECUTIVE ENGINEER, PERIYAR VALLEY IRRIGATION PROJECT, SUB DIVISION NO.14, ALUVA.

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4 THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA, MINI CIVIL STATION ROAD, MUVATTUPUZHA.

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ADDL. 5 THE ASSISTANT EXECUTIVE ENGINEER PERIYARVALLEY IRRIGATION PROJECT, SUB DIVISION NO.14, ALUVA-683101.

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ADDITIONAL R5 IMPLEADED AS PER THE ORDER DATED 17.11.2020 IN I.A.01/2020 IN WP(C) 13343/2020.

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WP(C) No.13343/2020

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ADDL. 6 KIZHAKKAMBALAM GRAMA PANCHAYATH, KIZHAKKAMBALAM, ERNAKULAM-683562

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ADDITIONAL R6 IMPLEADED AS PER THE ORDER DATED 04/11/2020 IN I.A.03/2020 IN WP(C)13343/2020

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ADDL. 7 PAREETH, S/O KHADER, 54 YEARS, 1/511A, KACHAMKUZHI, AMBUNADU, MALAYIDOMTHURUTH - 683561

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ADDL. 8 ASSEEZ K.K., S/O KHADER, KAMBAIKUDY HOUSE, AMBUNADU, MALAYIDOMTHURUTH-683561 ADDL. 9 AMMU, S/O MAKKAR, 57 YEARS, 1/540, KACHAMKUZHI, AMBUNADU, MALAYIDOMTHURUTH-683561

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ADDITIONAL R7-9 ARE IMPLEADED AS PER THE ORDER DATED 14/01/2021 IN I.A.05/2020 IN WP(C)13343/2020

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R6 BY ADV. SRI.THOMAS GEORGE R7-9 BY ADV. P.DEEPAK GOVERNMENT PLEADER SMT. RASHMI K.M.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.13343/2020

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J U D G M E N T

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Dated this the 14^th day of January, 2021

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Learned counsel for the petitioner submits that subsequent to the filing of the writ petition, the damaged sluice in the Periyar Valley Irrigation Project has been replaced and no more reliefs are required in this writ petition. The learned counsel for the petitioner submits that if pipes are laid through his property, the issue can be solved on a permanent basis. This Court is of the opinion that the petitioner has to approach competent authorities for the said purpose.

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Leaving open the remedy of the petitioner to approach the competent authorities, this writ petition is closed.

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Learned counsel for the additional 5^th respondent would submit that if free flow of water is not permitted through

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the Branch canal, about 300 residents in the locality will be adversely affected. The learned Government Pleader submits

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WP(C) No.13343/2020

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that the season of water distribution through PVIP Canals is from December to May every year and that during this period the distribution of water through the said field Channel is adjusted for six days every month. Accordingly, only 36 days water distribution is taking place through the said FC.

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The statement made on behalf of the 3^rd respondent would show that grievance of the additional respondents is already addressed.

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Sd/-

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N. NAGARESH, JUDGE

aks/14.01.2021

WP(C) No.13343/2020

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APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE PHOTOCOPY BASIC TAX RECEIPT DATED 28/11/2019. EXHIBIT P2 TRUE PHOTOCOPY OF COMPLAINT DATED 18/03/2020 SUBMITTED TO THE 3RD RESPONDENT BY THE PETITIONER. EXHIBIT P3 TRUE PHOTOCOPY OF PETITION DATED 08/05/2020 SUBMITTED TO THE 2ND RESPONDENT BY THE PETITIONER. EXHIBIT P4 TRUE PHOTOCOPY OF REPRESENTATION DATED 05/06/2020 ALONG WITH FORWARDED NOTE. EXHIBIT P5 TRUE PHOTOCOPY OF ORDER DATED 10/06/2020 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P6 PHOTOGRAPHS SHOWING THE PROPERTY OF THE PETITIONER. EXHIBIT P7 PHOTOGRAPHS SHOWING THE COLLECTION OF BUILDING MATERIALS IN THE PROPERTY OF THE PETITIONER. EXHIBIT P8 TRUE PHOTOCOPY OF SITE APPROVEAL AND BUILDING PERMIT DATED 30.04.2020 ISSUED TO THE PETITIONER. EXHIBIT P9 PHOTOGRAPHS SHOWING THE PRESENT NATURE OF THE PROPERTY OF THE PETITIONER

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Saifudeen, v. the State of Kerala

Case brief

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Saifudeen, v. the State of Kerala

Case brief

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