The court disposed of a writ petition alleging soil erosion and landslide threat. It directed respondents to finalize the Gabion wall design within one month and complete construction within six months.
Finalize the proposal within one month; complete construction within six months 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 MURALI PURUSHOTHAMAN
WEDNESDAY, THE 2ND DAY OF NOVEMBER 2022/11TH KARTHIKA, 1944
WP(C) NO. 6880 OF 2022
PETITIONERS:
1 K. ABDUL RAZAK AGED 75 YEARS S/O. ABDULLA, KANHIRALA HOUSE, NEAR AREACODE BRIDGE THAZHATHANGADI, AREACODE P. O PIN – 673 639. 2 NASEEL KANHIRALA AGED 36 YEARS S/O. LATE ABDUL ALI KANHIRALA, KANHIRALA HOUSE, THAZHATHANGADI, AREACODE VILLAGE, ERNAD TALUK, MALAPPURAM DISTRICT, PIN – 673 639. BY ADVS. K.SHIBILI NAHA A.LOWSY
RESPONDENTS:
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**5 THE DISTRICT COLLECTOR MALAPPURAM, PIN – 676 505. 6 THE ASST. EXECUTIVE ENGINEER IRRIGATION SUB DIVISION, MALAPPURAM, PIN – 676 505. 7 THE ASST. ENGINEER IRRIGATION DEPARTMENT MANJERI P. O, MALAPPURAM DISTRICT, PIN – 676 121. 8 THE ASST. ENGINEER PWD (ROADS) MANJERI, MALAPPURAM DISTRICT, PIN – 676 121. 9 ROADS AND BRIDGES DEVELOPMENT CORPORATION OF KERALA LTD.(RBDC) REPRESENTED BY ITS CHAIRMAN LA-MARSHALL CHAMBERS, NADAKKAVU CROSS ROAD, CALICUT, PIN – 673 011. 10 THE AREACODE GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY AREACODE P. O., MALAPPURAM, PIN – 673 639. 11 THE VILLAGE OFFICER AREACODE P. O., MALAPPURAM, PIN – 673 639. *ADDL. EXECUTIVE ENGINEER R12 PWD BRIDGES DIVISION, PALAKKAD – 678 001. ADDL. ASSISTANT EXECUTIVE ENGINEER R13 PWD BRIDGES SUB DIVISION MANJERI – 676 121. ADDL R12 & R13 ARE IMPLEADED AS PR ORDER DATED 02.11.2022 IN I.A NO.1 OF 2022.
SRI. P.C.MUHAMMED NOUSHIQ SRI. CYRIAC KURIAN – SPL. GP, IRRIGATION SRI. K.V MANOJKUMAR – SR. GP, PWD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioners are residing on the banks of Chaliyar river at Thazhathangadi in Malappuram District. The grievance of the petitioners is that their residential buildings are on the verge of imminent danger and threat of collapse due to heavy soil erosion on the river bank. Though they approached various authorities including the 5th respondent, the District Collector/the Chairman of the District Disaster Management Authority to construct retaining wall to prevent landslides and slippage of earth, no positive steps have been taken in this regard. Accordingly, they have filed this writ petition for the following reliefs:-
“(i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd and 5th respondent to take appropriate steps in terms of the Disaster Management Act 2005 and
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construct a retention wall on the banks of Chaliyar River (on the left bank) at Thazhathangadi in Areacode village, Malappuram District as requested vide Ext.P2 and P6, mitigate the disaster as expeditiously as possible.
(ii) Issue any appropriate writ, order or direction commanding the 1st and 5th respondent to constitute/convene the District Expert Committee in terms of Sec.3(1) of the Kerala (Protection of River Banks and Regulation of Removal of Sand Act) of 2001 and allocate funds from the river management fund maintained under Sec. 17 of the Act to protect the river bank as sought for by the petitioners.
(iii) Issue any appropriate writ, order or direction commanding the respondent nos.3 to 8 to take immediate steps to put up a retention wall on the banks of the petitioners property before the next monsoon and ensure safety to their lives and properties.
(iv) Issue any appropriate writ, order or direction to the 10th respondent Panchayath to take immediate steps to maintain the river banks and discharge its obligation as provided under Sec.15 of the Kerala (Protection of River Banks and Regulation of Removal of Sand Act) of 2001.
(v) Declare that the proposal to construct a retention wall confining to Areacode Bridge by the 9th respondent without any impact assessment and with no protection
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to the adjacent properties on the river banks is unscientific and therefore liable to be interfered with.”
respondent wherein they have produced Ext.R6 (c) stating that steps are being taken to construct a Gabion wall and the same would be finalised at the earliest.
In view of the statement made by the 6th respondent in the counter affidavit, this writ petition is disposed of with a direction to respondents 6, 9 and 12 to finalise the proposal in Ext.R6 (c), within a period of one month from the date of receipt of a copy of this judgment. Once the design is finalised pursuant to Ext.R6 (c), the construction of the retaining wall shall be completed within a period of six months thereafter. The 5th respondent, the District Collector/the Chairman of the District Disaster Management Authority shall ensure that the
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construction of the retaining wall is executed and completed exercising his powers under Section 30 of
the Disaster Management Act, 2005.
Sd/-
MURALI PURUSHOTHAMAN JUDGE
SPR
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APPENDIX
| PETITIO | NER'S E | XHIBITS : |
|
|---|---|---|---|
| EXHIBIT | P1 | TRUE COPY OF THE PHOTOGRAPHS THE NATURE AND GRAVITY LANDSLIDES. |
DEPICTING OF THE |
| EXHIBIT | P2 | TRUE COPY OF THE REPRESENTAT 05.08.2015 SUBMITTED BEFORE RESPONDENT. |
ION DATED THE 5TH |
| EXHIBIT | P3 | TRUE COPY OF THE REPRESENTAT 05.08.2015 SUBMITTED BY THE P BEFORE THE 8TH RESPONDENT. |
ION DATED ETITIONERS |
| EXHIBIT | P4 | TRUE COPY OF THE REPORT ACCOMP ESTIMATE FORWARDED BY THE 4TH TO THE 3RD RESPONDENT ON ALONG WITH THE COVERING LETTER |
ANYING THE RESPONDENT 06.10.2015 . |
| EXHIBIT | P5 | TRUE COPY OF THE COMMUNICATION THE 3RD RESPONDENT DATED 23.1 SRI. P. K. BASHEER MLA. |
ISSUED BY 1.2015 TO |
| EXHIBIT | P6 | TRUE COPY OF THE MASS PETITION BY THE PETITIONERS AND OTHERS THEN HON'BLE MINISTER FOR IRR 21.09.2016. |
SUBMITTED BEFORE THE IGATION ON |
| EXHIBIT | P7 | TRUE COPY OF THE COMMUNICATI FROM THE OFFICE OF THE 3RD DATED 17.12.2016 CALLING FOR FROM THE 4TH RESPONDENT. |
ON ISSUED RESPONDENT A REPORT |
| EXHIBIT | P8 | TRUE COPY OF THE REPORT SUBMIT VILLAGE OFFICER BEFORE RESPONDENT DATED 10.07.2017. |
TED BY THE THE 7TH |
| EXHIBIT | P9 | TRUE COPY OF THE REPORT SUBMIT 7TH RESPONDENT BEFORE THE 6TH DATED 07.07.2017. |
TED BY THE RESPONDENT |
| RESPOND | ENTS EX | HIBITS : |
|
| EXHIBIT | R6(a) | TRUE COPY OF THE LETTER NO.W DATED 08/08/17 OF THE CHIEF IRRIGATION AND ADMIN THIRUVANANTHAPURAM. |
5/36766/16 ENGINEER, ISTRATION, |
| EXHIBIT | R6(b) | TRUE COPY OF LETTER D6-3083/2 20/07/17 OF THE SUPERINTENDING IRRIGATION NORTH CIRCLE, KOZHI |
013 DATED ENGINEER, KODE. |
| EXHIBIT | R6(c) | TRUE COPY OF LETTER D2-BR/ DATED 20/05/22 OF THE ASSISTANT ENGINEER, IRRIGATION SUB MANJERI. |
2020/1544, EXECUTIVE DIVISION, |
2 issues framed by the court
Whether to direct respondents to construct a retaining wall to prevent soil erosion and landslides at the riverbank.
Whether the proposal to construct a retentation wall without impact assessment is unscientific.
4 provisions across 2 enactments
K. Abdul Razak
Naseel Kanhirala
State of Kerala
District Collector Malappuram
Assistant Executive Engineer Irrigation Sub Division
Murali Purushothaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
