The single judge disposed of a writ petition seeking direction to remove soil from a bridge site. Relying on a new agreement executed by the respondent Panchayat to remove the soil within 15 days, the court allowed the petition by taking the executive steps as conclusive.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 14TH DAY OF DECEMBER 2021/23RD AGRAHAYANA, 1943 WP(C) NO. 20891 OF 2021
PETITIONER:
REJI M. V. AGED 46 YEARS S/O. VELAYUDHAN M. K., MELPARIYARATH HOUSE, AVANAMKODE, CHOWARA POST, ALUVA, ERNAKULAM – 683 571.
BY ADVS. P.SANJAY A.PARVATHI MENON BIJU MEENATTOOR PAUL VARGHESE (PALLATH) P.A.MOHAMMED ASLAM KIRAN NARAYANAN PRASOON SUNNY RAHUL RAJ P.
RESPONDENTS:
W.P(C) NO.20891 OF 2021
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BY ADVS. SRI. BABU KARUKAPADATH SRI. P.BENNY THOMAS SRI. D.PREM KAMATH SRI. TOM THOMAS (KAKKUZHIYIL) SRI. ABEL TOM BENNY SRI. JYOTHISH KRISHNA SRI. KURIAN OOMMEN THERAKATH SRI. JAIKRISHNAN.M.PISHARODI SRI. FAISAL - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The writ petition is filed for the following reliefs:-
“i) Issue a Writ of Mandamus directing the 3rd respondent to forthwith remove the heap of soil left behind after reconstruction of the Kuzhippallam Bridge and at any rate within a timeframe;
ii) Issue a Writ of Mandamus directing the 2nd respondent to consider the Ext.P7 representation.
iii) Issue a Writ pf Mandamus directing the 1st respondent to take action against the 3rd respondent for not carrying out the orders issued by the government.
iv) Issue any other Writ, direction or order which this Hon'ble Court deems fit in the facts and circumstances of the case.”
Panchayat had filed a memo producing the resolution No.1(1) of the Panchayat Committee dated 09.12.2021 and
also an agreement executed by the contractor with the
Panchayat for the removal of the soil left behind after the
W.P(C) NO.20891 OF 2021
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construction of Kuzhippallam bridge. As per the agreement dated 10.12.2021, the contractor has to remove the heap
of soil left behind after the construction of the Kuzhippallam bridge within a period of 15 days from the date of agreement.
to remove the soil in terms of the agreement, the writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN JUDGE
SPR
W.P(C) NO.20891 OF 2021
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APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 PHOTOCOPY OF THE IMAGES OF THE FLOOD AFFECTED AREA. EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO SANTHVANASPARSHAM, PARATHI PARIHARA ADALATH, ALUVA TALUK DATED NIL. EXHIBIT P2(a) TRUE COPY OF THE REPRESENTATION WHEREIN THE THEN HONOURABLE MINISTER OF AGRICULTURE ENDORSED ON 16.02.2021.
EXHIBIT P3 TRUE COPY OF THE LETTER NO.A11409/21 BY THE 3RD RESPONDENT DATED 15.02.2021.
EXHIBIT P4 TYPED COPY OF THE EXTRACTION OF THE DIRECTION ISSUED BY THE FORMER HONOURABLE MINISTER OF AGRICULTURE DATED 16.02.2021.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 22.02.2021 GIVEN TO THE THIRD RESPONDENT BY THE PETITIONER.
EXHIBIT P6 TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT BEARING NO.1550 DATED 23.02.2021.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION BY THE PETITIONER TO THE 2ND RESPONDENT DATED 01.04.2021.
EXHIBIT P8 TRUE COPY OF THE ACKNOWLEDGEMENT OF THE REGISTERED POST BEARING NO.EL511596928IN DATED 03.04.2021.
RESPONDENTS'S EXHIBITS: NIL.
2 issues framed by the court
Whether the petitioners are in case of 3rd respondent to remove the heap of soil left after bridge reconstruction.
Whether action is required against the 3rd respondent for non-compliance of government orders regarding soil removal.
Reji M. V.
Government of Kerala
District Collector, Kakkanad
Secretary, Sreemoolanagaram Grama Panchayath
Managing Director, Cochin International Airport Limited
Murali Purushothaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
