Petitioners challenged the reclamation of Kaleekkal Kulam wetland. The court noted conflicting submissions from respondents, who stated the work was renovation under IWMP and not reclamation. Finding that no further adjudication was required, the court disposed of the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(C).No.14290 OF 2017(S) -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942
WP(C).No.14290 OF 2017(S)
PETITIONER/S:
1 LEKHA AJITH AGED 46 YEARS W/O.AJITHKUMAR, PANCHAYATH MEMBER, WARD NO.IX, PULIYOOR GRAMA PANCHAYATH, RESIDING AT PULIYAKATTIL (MEENU BHAVAN) PULIYOOR P.O., ENNAKKAD, ALAPPUZHA, BHUDHANOOR-689 510.
2 RESHMI W/O.VISHNU KUMAR, PANCHAYATH MEMBER, WARD NO.XI, PULIYOOR GRAMA PANCHAYATH, RESIDING AT 11/423A, NARAYANEEYAM, ELANJIMAL P.O., CHENGANNUR-689 511.
3 RADHAMANI S NAIR W/O.T.R.SURENDRA NAIR, PANCHAYATH MEMBER, WARD NO.VI, PULIYOOR GRAMA PANCHAYATH, RESIDING AT TRIVENI, PERISSERY, PULIYOOR, ALAPUZHA-689 126.
4 L.MURALEEDHARAN NAIR PANCHAYATH MEMBER, WARD NO.VII, PULIYOOR GRAMA PANCHAYATH, RESIDING AT 465 (7/355),MUDIYALETHU, PULIYOOR, CHENGANNUR.
BY ADV. SRI.A.N.RAJAN BABU
RESPONDENT/S:
1 DISTRICT COLLECTOR ALAPPUZHA ALAPPUZHA-688 001.
2 CHENGANNUR BLOCK PANCHAYATH PULIYOOR P.O., REPRESENTED BY ITS SECRETARY.
WP(C).No.14290 OF 2017(S) -2-
4 T.T.SHAILAJA PRESIDENT, PULIYOOR GRAMA PANCHAYATH, PULIYOOR P.O., RESIDING AT PALLATHU KEZHAKATHIL, ELANJIKKAL P.O., CHENGANNUR.
THE NAME OF RESPONDENT NO.8 IS CORRECTED AS M.G.SREEKUMAR AS PER ORDER DATED 09/05/2017 IN I.A. 6861/2017
R1, R11-12 BY SRI. SURIN GEORGE IPE, SENIOR GP R2 BY ADV. SRI.SOJAN MICHEAL R3 BY ADV. SRI.V.S.BOBAN R4-10 BY ADV. SRI.NISHIL.P.S.
WP(C).No.14290 OF 2017(S) -3-
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.14290 OF 2017(S) -4-
J U D G M E N T
Dated this the 29th day of January 2021
S. Manikumar, C. J.
On 19th January, 2021, we passed the following order:-
“In this writ petition, the petitioners have sought for the following reliefs:
WP(C).No.14290 OF 2017(S) -5-
Block Panchayat (respondent No.2) submitted that work done by the said Panchayat is renovation of Kaleekkal Kulam wet land in Survey No.67/17 in Block No.10 of Ward No.12 of Puliyoor Grama Panchayat and not reclamation, as claimed by the writ petitioners. On instructions, he submitted that 95% of the renovation work is over.
statements, and the relevant portion of the same is extracted hereunder:-
“2. At the outset, it is submitted that the petitioners in the Writ Petition are BJP sympathizers and the Administrative Committee of the Panchayat was led by LDF. The Writ Petition was filed with a political motive. The entire work in connection with the renovation of pond was completed and adjacent to it, a Children Park is also constructed using the local MLA fund. The pond and the park was opened to general public without any objection from any corner and small fishes were also dumped in the pond. Further pursuant to the recent local body election, new managing committee has taken charge. The petitioners 2 to 4 and
WP(C).No.14290 OF 2017(S) -6-
respondents 5 to 7, 9 & 10 are no more the members of the Panchayat. In the above circumstances the prayers in the writ petition has become infractuous.
Placing on record the same, we are of the view that, no further adjudication is required in the writ petition.
Accordingly, writ petition is disposed of.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P.CHALY
JUDGE
Eb
///TRUE COPY/// P. A. TO JUDGE
WP(C).No.14290 OF 2017(S) -7-
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1. | A TRUE COPY OF THE REPORT OF AGRICULATUAL OFFICER AND ENGLISH TRANSLATION |
|---|---|
| EXHIBIT P2. | A TRUE COPY OF THE DECISION OF THE PULIYOOR GRAMA PANCHAYATH ON 28/3/2017 AND ENGLISH TRALSATION |
| EXHIBIT P3. | A TRUE COPY OF THE COMPLAINT FILED BEFORE THE DISTRICT COLLECTOR DATED 29/3/2017 AND ENGLISH TRALSATION |
| EXHIBIT P3(A). | A TRUE COPY OF THE RECEIPT, COMPLAINT RECEIVED FROM THE OFFICE OF THE COLLECTOR DATED 29/3/2017 AND ENGLISH TRALSATION |
| EXHIBIT P4. | A TRUE COPY OF THE DECISION TAKEN BY BLOCK PANCHAYATH DATED 1/3/2017. |
| EXHIBIT P5. | A TRUE COPY OF THE DECISION TAKEN BY BLOCK PANCHAYATH DTED 25/5/2016 AND ENGLISH TRALSATION |
| EXHIBIT P6. | A TRUE COPY OF THE REPORT PUBLISHED IN KERALA KAUMUDI DATED 25/3/2017 AND ENGLISH TRALSATION |
| EXHIBIT P7. | A TRUE COPY OF THE REPROT PUBLISHED IN MALAYALA MANAORA DAILY DATED 29/3/2017 AND ENGLISH TRALSATION |
| EXHIBIT P8. | A TRUE COPY OF THE REPORT PUBLISHED IN JAMA BHOOMI DAILY DATED 25/3/2017 AND ENGLISH TRALSATION |
| EXHIBIT P9. EXHIBIT P10 |
A TRUE COPY OF THE MODEL OF POND RENOVATION OF CONSERVATION OF WATER PUBLISHED IN MALAYALA MANORAMA DAILY DATED 9/4/2017 AND ENGLISH TRALSATION. A TRUE COPY OF PROCEEDINGS BY DISTRICT COLLECTOR NO. 18690 OF 2017 DATED 21.04.20174 IS ADDED AS PER ORDER DATED 09.05.2017 IN I. A. 6860 OF 2017 |
Lekha Ajith and Others
District Collector Alappuzha
Chengannur Block Panchayat
Puliyoor Grama Panchayat
T.T.Shailaja
K.P.Pradeep
S.Manikumar
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
