Court directed Tahsildar to demarcate disputed property within three months. Petitioner must then approach Executive Engineer for fresh permission based on such demarcation, subject to pending civil suits.
Directed Tahsildar to demarcate property within 3 months; petitioner to seek fresh permission from Executive Engineer thereafter;
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 DEVAN RAMACHANDRAN
FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
WP(C) NO. 2189 OF 2022
PETITIONER:
PRABHAKARAN NAIR, AGED 69 YEARS, S/O. KITTUNNIPANICKER, RESIDING AT AYILYAM VEETTIL VADAKODU, THRIKKAKKARA NORTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT 682 021.
ANOOP.V.NAIR RAMESH CHAND DEVI P. A.K.ANANDA KRISHNAN
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM 695 001.
PERIYAR VALLEY, IRRIGATION DEPARTMENT, DIVISION PROJECT NO. 1, PERUMBAVOOR, ERNAKULAM DISTRICT 683 545.
WP(C) NO. 2189 OF 2022
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8 DR. SANKARAN NAIR, S/O. KRISHNAN NAIR, RESIDING AT SANKARAMANGALAM VEETTIL, ERUMATHALA DESOM, THRIKKAKKARA NORTH VILLAGE, , ERNAKULAM DISTRICT 683 112.
T.R.HARIKUMAR ARJUN RAGHAVAN SMT.K.AMMINIKUTTY SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner has approached this Court seeking that necessary action be ordered to be completed by the competent official respondents pursuant to Ext.P1 permission he has received from the Executive Engineer (Irrigation Department), for the purpose of construction of a pathway through the Bund of a Canal constructed under the aegis of the Periyar Valley Irrigation Project (PVIP).
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in force.
5
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time of acquisition of land for the construction of the Canal about two decades ago, his client will not stand in the way.
6
WP(C) NO. 2189 OF 2022
(a) The sixth respondent - Tahsildar or such other competent Authority, will hear the petitioner, the 8th respondent, as also the 4th respondent - Executive Engineer and proceeded to demarcate the property in question, adverting to the Plan and Survey - if available - prepared at the time of acquisition of property for construction of canal and intimate the resultant proceedings to the parties as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.
(b) On the afore proceedings being completed, the petitioner will approach the 4th respondent - Executive Engineer, PVIP, Thottakattukara, Aluva, with a copy of the same; in which event, the said Authority will decide whether the petitioner can be given permission to act as per Ext.P1 or whether a fresh order or permission requires to be granted, if he is so found eligible. This shall be done by the said Authority without any avoidable delay, but not later than one month from the date on which he approaches him in terms of these directions.
(c) Needless to say, the afore directions will be subject to any judgment or decree to be issued by the competent Civil
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Court and I order that the petitioner and the 8th respondent will
abide by the same implicitly in such event.
This writ petition is thus ordered.
Sd/- DEVAN RAMACHANDRAN JUDGE
stu
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APPENDIX OF WP(C) 2189/2022
PETITIONER EXHIBITS
| Exhibit P1 | TRUE COPY OF THE ORDER NO. E3/487/04 DATED 15.04.2004 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. |
|---|---|
| Exhibit P2 | TRUE COPY OF THE ORDER BEARING NO. S2. NOC/03-04 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 03.05.2004. |
| Exhibit P3 | TRUE COPY OF THE LETTER NO. S2 2/2001 DATED 03.05.2004 ISSUED BY 5TH RESPONDENT TO 6TH RESPONDENT. |
| Exhibit P4 | TRUE COPY OF THE NOTICE BEARING NO. SI- 7259/04 DATED 05.06.2004 ISSUED BY THE 7TH RESPONDENT TO ALL CONCERNED. |
| Exhibit P5 | TRUE COPY OF THE PLAINT IN O.S. NO. 1169/2004 FILED BY THE 8TH RESPONDENT AS PLAINTIFF BEFORE THE MUNSIFF COURT, ERNAKULAM. |
| Exhibit P6 | TRUE COPY OF THE COMMISSION APPLICATION DATED 29.06.2004 FILED BY THE 8TH RESPONDENT IN O.S. NO. 788/2004 BEFORE THE HONBLE MUNSIFF COURT, ERNAKULAM. |
| Exhibit P7 | TRUE COPY OF THE WORK MEMO DATED 07.07.2004 FIELD BY THE PETITIONER IN O.S. NO. 788/2004, BEFORE THE HONBLE MUNSIFF COURT, ERNAKULAM. |
| Exhibit P8 | TRUE COPY OF THE INTERIM COMMISSION REPORT FILED BY ADVOCATE COMMISSIONER IN O.S. NO. 1169/2004. |
| Exhibit P9 | TRUE COPY OF THE DISCHARGE SUMMARY OF MR. CHITHRESH PRABHAKARAN NAIR, ISSUED FROM LAKSHORE HOSPITAL, ERNAKULAM, DATED 23.02.2019. |
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Exhibit P10 TRUE COPY OF THE DISCHARGE SUMMARY DATED 24.10.2021, ISSUED FROM MEDICAL CENTRE (P) LTD., ERNAKULAM.
RESPONDENT EXHIBITS
Exhibit R8(a) A TRUE COPY OF THE COMMISSIONER REPORT DATED 07/08/2004, FILED BEFORE THE MUNSIFF COURT, ERNAKULAM IN O.S.NO.1169/2004.
Exhibit R8(b) A TRUE COPY OF THE JUDGMENT DATED 16/03/2017 IN CRP NO.248/2012.
2 issues framed by the court
Whether the petitioner can be granted relief to construct a pathway when there is a pending civil dispute affecting the property title.
Who is the competent authority to conduct the survey and demarcate the property in question.
PRABHAKARAN NAIR
DR. SANKARAN NAIR
STATE OF KERALA
THE DISTRICT COLLECTOR, KAKKANADU
THE CHIEF ENGINEER
THE EXECUTIVE ENGINEER, PERIYAR VALLEY
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
