Disposed

Anzarudeen v. the Chief Executive Officer

Kerala HC10 Feb 2021WP(C)/2848/2021

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition which sought quashing of an order directing demolition of a check dam. The court observed that the petitioner had not obtained necessary permission and freed the petitioner to approach the relevant department with a fresh application within two months, maintaining the status quo.

What did the court decide?

The petitioner was directed to approach the 2nd respondent with a fresh application within two months; status quo till then.

Anzarudeen Vs the Chief Executive Officer — Writ and Judicial Review | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE SMT. JUSTICE P.V.ASHA

¶4

WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

¶5

WP(C).No.2848 OF 2021(E)

¶6

PETITIONER:

¶7

ANZARUDEEN AGED 51 YEARS S/O HANEEFA, RESIDING AT MANPURAM VILLA, KOLLAMKAVU, KARIPOOR VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM.

¶8

BY ADV. SMT.M.HEMALATHA

¶9

RESPONDENTS:

¶10

1 THE CHIEF EXECUTIVE OFFICER DEPUTY COLLECTOR AND DISASTER MANAGEMENT, AUTHORITY (DISASTER MANAGEMENT), THIRUVANANTHAPURAM-695005.

¶11

2 THE EXECUTIVE ENGINEER MINOR IRRIGATION OFFICE, PUBLIC OFFICE, MUSEUM, THIRUVANANTHAPURAM-695033.

¶12

3 THE ASSISTANT ENGINEER MINOR IRRIGATION OFFICE, KATTAKKADA, THIRUVANANTHAPURAM-695572.

¶13

4 THE VITHURA GRAMA PANCHAYATH VITHURA P O, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN-695551.

¶14

SMT.VINITHA.B, GP,SRI.R.B.RAJESH,SC

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

WP(C).No.2848 OF 2021(E)

¶17

¶18

JUDGMENT

¶19

Dated this the 10^th day of February 2021

¶20

This writ petition was filed seeking the following

¶21

reliefs:-

¶22

“ i) To call for the records leading to Exhibit-P10 and issue a writ of certiorari or any other appropriate writ, order or direction quashing Exhibit-P10 order as not sustainable in law;

¶23

ii) To stay further proceedings in pursuance to Exhibit-P10 order including demolition of the alleged check dam;

¶24

iii) To grant such other reliefs which this Honourable court may deem fit and proper in the facts and circumstances of this case.”

¶25

The main ground on which the impugned order –

¶26

Ext.P10 was passed is that the petitioner has not obtained permission from the Irrigation Department and the construction of check dam is in violation of the

¶27

provisions contained in Section 5 of the Kerala Irrigation and Water Conservation Act, 2003. Though the petitioner has got a case that, what is being undertaken in his property is cultivation, It is seen that the

¶28

petitioner has not obtained permission from the Irrigation Department.

¶29

¶30

WP(C).No.2848 OF 2021(E)

¶31

Heard Adv.Smt.M.Hemalatha, the learned counsel

¶32

for the petitioner and the learned Government Pleader.

¶33

Though the petitioner has produced Ext.P8, the

¶34

learned Government Pleader submits that the said

¶35

application has not been received in the office of the 2^nd respondent.

¶36

Therefore, the petitioner would be free to approach the 2^nd respondent with a fresh petition and on receipt of the same, the 2^nd respondent shall pass appropriate orders in accordance with law after affording an opportunity of hearing to the petitioner, with notice to

¶37

the Panchayath and other persons, who are likely to be

¶38

affected, within a period of two months. Status quo shall continue till then.

¶39

The writ petition is accordingly disposed of.

¶40

Sd/P.V.ASHA JUDGE

¶41

¶42

WP(C).No.2848 OF 2021(E)

¶43

¶44

APPENDIX

¶45

PETITIONER'S EXHIBITS:

¶46

EXHIBIT P1	TRUE COPY OF THE	PHOTOS OF THE PROPERTY.
EXHIBIT P2	TRUE COPY OF THE CERTIFICATE ISSUE FISHERIES (ZONAL) 04.06.2018.	ACQUA CULTURE LICENSE D BY THE DEPUTY DIRECTOR OF THIRUVANANTHAPURAM DATED
EXHIBIT P3	TRUE COPY OF THE RESPECT OF THE SA BY THE DEPUTY DIR THIRUVANANTHAPURA	REGISTRATION CERTIFICATE IN ME DATED 04.06.2018 ISSUED ECTOR OF FISHERIES(ZONAL) M.
EXHIBIT P4	TRUE COPY OF THE THE DEPUTY DIRECT DEPARTMENT DATED	SAKSHYAPATHRAM ISSUED BY OR(REGION) FISHERIES 04.06.2018.
EXHIBIT P5	TRUE COPY OF THE PORTIONS OF THE P	PHOTOS FROM THE VARIOUS ROTECTION WALL.
EXHIBIT P6	TRUE COPY OF THE RESPONDENT SECRET PANCHAYATH DATED	COMMUNICATION FROM THE 4TH ARY, VITHURA GRAMA 26.07.2018.
EXHIBIT P7	TRUE COPY OF THE IN WPC NO. 35055	JUDGMENT DATED 13.12.2018 OF 2018.
EXHIBIT P8	TRUE COPY OF THE 18/01/2019.	REPRESENTATION DATED
EXHIBIT P9	TRUE COPY OF THE NEDUMANGAD DATED	REPORT OF THE TAHSILDAR, 06.02.2019.
EXHIBIT P10	TRUE COPY OF THE	ORDER DATED 31.10.2020.
EXHIBIT P11	TRUE COPY OF THE	RELEVANT RULES.
EXHIBIT P12	TRUE COPY OF THE	REMINDER DATED 15.01.2021.
EXHIBIT P12(A)	TRUE COPY OF THE 16.01.2021.	POSTAL RECEIPT DATED

¶47

RESPONDENTS EXHIBITS: NIL

¶48

//TRUE COPY//

¶49

PA TO JUDGE

Anzarudeen v. the Chief Executive Officer

Case brief

What is this about?

What did the court decide?

Anzarudeen v. the Chief Executive Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

T.M.Nazar Vs the District Collector

Noushad v.E., Vs Chief Secretary to Government

Murukan Nair K Vs Hygine Albert

K.v.Anilkumar Vs the General Manager

Vivek Krishnamoorthy Vs the Kerala Real Estate Regulatory Authority

Sasikala M.B., Vs State Bank of India