Disposed

Snedar.S., v. Chenkal Grama Panchayath

Kerala HC14 Jul 2022WP(C)/4943/2022

Case brief

AI extract

What is this about?

The Kerala High Court closed a writ petition seeking restoration of a water channel (Vandichira Thodu) reduced by bridge construction. Despite the petitioner's prayer to enforce Section 13 of the Conservation Act, the court closed the petition, directing the petitioner to approach the District Collector. The petition is adjacent to the respondent's work has reportedly been inaugurated.

What did the court decide?

Null.

Snedar.S., Vs Chenkal Grama Panchayath — Environment and Pollution | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 14TH DAY OF JULY 2022 / 23RD ASHADHA, 1944
WP(C) NO. 4943 OF 2022

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PETITIONER/S:

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SNEDAR.S., AGED 48 YEARS
S/O. SUKUMARAN, MACHINGAVILAKOM, ARAYOOR,
CHENKAL , THIRUVANANTHAPURAM.
BY ADVS.
B.S.SWATHI KUMAR
ANITHA RAVINDRAN
HARISANKAR N UNNI
SARANGADHARAN P.

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RESPONDENT/S:

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1 CHENKAL GRAMA PANCHAYATH, AMARAVILA, NEYYATTINKARA, THIRUVANANTHAPURAM 695 122, REPRESENTED BY ITS SECRETARY.

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2 THE JOINT PROGRAMME CO-ORDINATOR / JOINT DEVELOPMENT COMMISSIONER, MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT, GUARANTEE SCHEME, THIRUVANANTHAPURAM DISTRICT, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM 695 013.

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3 BLOCK PROGRAMME OFFICER/ BLOCK DEVELOPMENT OFFICER, PARASSALA BLOCK PANCHAYATH, PARASSALA, THIRUVANANTHAPURAM 695 502.

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4 THE ASSISTANT ENGINEER, IRRIGATION DEPARTMENT, MINOR IRRIGATION DIVISION, PARASSALA, THIRUVANANTHAPURAM 695 502.

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5 THE DISTRICT PROGRAMME CO -ORDINATOR/ DISTRICT COLLECTOR, CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM 695 043.

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BY ADV ADVOCATE GENERAL OFFICE KERALA

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W.P.(C). No. 4943 of 2022

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OTHER PRESENT:

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SRI.ASHWIN SETHUMADHAVAN, SR.GP,
SRI.R.T.PRADEEP, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P.(C). No. 4943 of 2022

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P.V.KUNHIKRISHNAN, J.

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W.P.(C) No. 4943 of 2022

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Dated this the 14^th day of July, 2022

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JUDGMENT

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The above writ petition is filed with following prayers:

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“ i) to declare that the Act of the respondent reducing its width as stated from Ext P15 under the guise of construction of bridge, side wall and approach road is illegal, vitiated with lack of competence, arbitraness, political influence, extraneous consideration, hence legally unsustainable and liable only to be interfered with;

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ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding and compelling respondents 2 to 5 to initiate action under Section 13 of the Kerala Conservation of Paddy Land and Wet Land Act and restore the actual width of the Vandichira Thodu as on the date of commencement of Act as per Ext P15 satellite images and report;

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iii) issue such other appropriate writ order or direction as this Honourable Court may deem fit and proper to meet the ends of justice.” (sic)

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W.P.(C). No. 4943 of 2022

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When this writ petition came up for consideration on

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16.03.2022, this Court passed the following order:

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“There will be an interim direction that the width of the ‘Thodu’ in question shall not be reduced from 7 meters. Post on 25.03.2022.”

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The main prayer in this writ petition is to restore the Vandichira Thodu to its original position, invoking the powers under Section.13 of the Kerala Conservation of Paddy Land and Wetland Act. The District Collector passed Ext.P14, in which it is ordered to resume and complete the work already started ensuring 7 meter width of the Thodu and 3 meter width to the road. Moreover, it is submitted by the counsel for the Panchayat that Ext.P14 is already confirmed by this Court in WP(C) No.19970 of 2021. It is also submitted that the work has already been completed and the inauguration of the bridge

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was conducted.

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W.P.(C). No. 4943 of 2022

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The petitioner wants to restore the Thodu. The petitioner is free to approach the District Collector, in accordance to law. If any request is received from the petitioner, the District Collector will consider the same, in accordance to law and pass appropriate orders in it.

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With the above observation, this writ petition is closed.

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sd/-

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P.V.KUNHIKRISHNAN JUDGE

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das

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W.P.(C). No. 4943 of 2022

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APPENDIX OF WP(C) 4943/2022

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`PETITIO` `Exhibit`	`NER EXHI` `P1`	`BITS` `TRUE COPY OF` `BRIDGE AND T` `CONSTRUCTION`	`A P` `HE P` `OF`	`LAN OF THE EXISTING` `ROPOSED ILLEGAL` `THE ROAD AND BRIDGE.`
`Exhibit`	`P2`	`TRUE COPY OF` `MALAYALA MAN` `10.9.2020.`	`THE` `ORAM`	`NEWS ITEM APPEARED IN` `A DAILY DATED`
`Exhibit`	`P3`	`TRUE COPY OF` `SHIBU BEFORE` `11.9.2020.`	`THE` `THE`	`COMPLAINT FILED BY V.` `2ND RESPONDENT DATED`
`Exhibit`	`P4`	`TRUE COPY OF` `A3/1395/2020` `16.09.2020 O`	`THE` `/M.G` `F TH`	`ORDER NO.` `.N.R.E.G.S. DATED` `E 2ND RESPONDENT.`
`Exhibit`	`P5`	`TRUE COPY OF` `MGNREGS/BP4/` `OF THE 3RD R`	`THE` `362/` `ESPO`	`ORDER NO.` `2019 DATED 16.9.2020` `NDENT.`
`Exhibit`	`P6`	`TRUE COPY OF` `19973/2020 D`	`THE` `ATED`	`ORDER IN WPC` `25.9.2020.`
`Exhibit`	`P7`	`TRUE COPY OF` `PGC/2019/202` `6.7.2021 OF`	`THE` `0/M.` `THE`	`ORDER NO.` `G.N.R.E.G.S DATED` `2ND RESPONDENT.`
`Exhibit`	`P8`	`TRUE COPY OF` `13949/2021 D`	`THE` `ATED`	`ORDER IN WPC NO.` `14.7.2021.`
`Exhibit`	`P9`	`TRUE COPY OF` `DATED 13.7.2`	`THE` `021`	`RESOLUTION NO. 1 (1)` `OF THE IST RESPONDENT.`
`Exhibit`	`P10`	`TRUE COPY OF` `DATED 13.7.2`	`THE` `021`	`RESOLUTION NO. 1 (2)` `OF THE IST RESPONDENT.`
`Exhibit`	`P11`	`TRUE COPY OF` `DATED 13.7.2`	`THE` `021`	`RESOLUTION NO. 1 (3)` `OF THE IST RESPONDENT.`
`Exhibit`	`P12`	`TRUE COPY OF` `THE MALAYALA` `15.7.2021.`	`THE` `MAN`	`NEWS ITEM APPEARED IN` `ORAMA DAILY DATED`
`Exhibit`	`P13`	`TRUE COPY OF` `FILED BY THE` `14390/2021 D`	`THE` `8TH` `ATED`	`COUNTER AFFIDAVIT` `RESPONDENT IN WPC NO.` `26.7.2021.`
`Exhibit`	`P14`	`TRUE COPY OF` `20.9.2021 OF`	`THE` `THE`	`PROCEEDINGS DATED` `5TH RESPONDENT.`

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W.P.(C). No. 4943 of 2022

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Exhibit P15TRUE COPY OF THE REPORT NO.
3357/2022/KSREC DATED 4.2.2022 ALONG
WITH SATELLITE IMAGES.
Exhibit P16TRUE COPY OF THE PHOTO GRAPH OF THE
CONSTRUCTIONS EFFECTED UNDER THE
SCHEME.

Snedar.S., v. Chenkal Grama Panchayath

Case brief

What is this about?

What did the court decide?

Snedar.S., v. Chenkal Grama Panchayath

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

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