This writ petition challenged the reduction of a public watercourse width for drain construction. The court directed respondents to remove encroachments, construct drains in sufficient width, and submit a time-bound report.
Direction to respondents to remove encroachments, construct drains in sufficient width, and submit a report within four months.
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 SHAJI P.CHALY
FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
WP(C) NO. 3143 OF 2019
PETITIONER/S:
JOSE SANAL,
AGED 32 YEARS
S/O.K.A.ANTONY,
KANARI HOUSE,
EDAKOCHI, ERNAKULAM DISTRICT,
PIN - 682 010.
BY ADV AJITH GEORGE
RESPONDENT/S:
1THE DISTRICT COLLECTOR,
ERNAKULAM,
CIVIL STATION, KAKKANAD,
ERNAKULAM DISTRICT,
KOCHI - 682 030.
2 THE VILLAGE OFFICER, EDAKOCHI VILLAGE, EDAKOCHI, ERNAKULAM DISTRICT, PIN - 682 010.3 THE SECRETARY, CORPORATION OF KOCHI, ERNAKULAM, KOCHI - 682 011, ERNAKULAM DISTRICT. BY ADVS. SRI.K.P.JUSTINE(KARIPAT)SC,COCHIN CORPN SHRI.K.JANARDHANA SHENOY, SC, KOCHI MUNICIPAL CORPORATIONOTHER PRESENT:
R1 AND 2 – SRI. JOBY JOSEPH,SENIOR GOVERNMENT
PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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J U D G M E N T
This writ petition is filed by the petitioner who is a resident within the limits of Corporation of Kochi seeking a direction to consider Ext. P2 representation; for a further direction to the District Collector, Ernakulam, the Village Officer, Edakochi and the Secretary, Corporation of Kochi, respondents 1 to 3 respectively, to restore the illegally reclaimed wetland to its original position; and for a further direction to the District Collector as well as the Village Officer to act as per law and direct the 3rd respondent to take steps to stop the illegal activity done by the authorized agent of the 3rd respondent.
W. P. (C) No. 3143 of 2019
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removed, the drains cannot be constructed in sufficient width.
“2. At the outset, it is submitted that the Cochin Corporation, 3rd respondent in the above case, is constructing a 'cana' with 'karinkal' walls over a puramboke thodu, which is situated near Aquinas College in Edakochi Village, in the southern side of Edakochi Palluruthy main road. On receiving a petition submitted by Sri. Alexander, alleging that this puramboke thodu has been encroached by the land holders in southern side of this puramboke thodu, the Tahsildar. Kochi ordered to conduct a survey by the Taluk Surveyor, which is presently being done by the Taluk Surveyor. Sri. Jose Sanal, petitioner in the above WP(C), submitted a petition before the Village Officer, Edakochi, alleging that Cochin Corporation, as a part of their project "Amrutha Theeram", is re- constructing this 'cana' by reducing the existing width of 2 metrs into 1 meter. He also submitted that the encroachment on the sides of this
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puramboke thodu had to be vacated and to ensure the free flow of water through this thodu. As per the petition submitted by Sri. Alexander and as per the direction of the Tahsildar, Kochi, a survey work is being done by the Taluk Surveyor, to identify the encroachments in the said thodu. Meanwhile, the construction of 'cana' by the Cochin Corporation, is also stopped, waiting for the completion of the survey works.
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In that view of the matter, this writ petition is disposed of directing the respondents including the Secretary of the Corporation to take appropriate action, in accordance with law, in order to ascertain and remove the encroachments made into the public property and to construct the drains so as to drain out the rain water, waste water etc. Action shall be taken in a time bound manner, at any rate within four months from the date of receipt of a copy of this judgment, and a report shall be made by the Village Officer as to the encroachment made and the action taken for removal of the encroachment. There will be a further direction to the respondents to take appropriate action in
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order to construct the drain ensuring that it is constructed in a sufficient width so as to make easy flow of the rain water and waste
water accumulated in the area.
Sd/SHAJI P. CHALY JUDGE
Eb
///TRUE COPY///
P. A. TO JUDGE
W. P. (C) No. 3143 of 2019
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APPENDIX OF WP(C) 3143/2019
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPIES OF PHOTOS SHOWING THE
ILLEGAL RECLAMATION.
EXHIBIT P2TRUE COPY OF REPRESENTATION DATED
10.1.2019 SUBMITTED BY THE PETITIONER TO
THE 1ST RESPONDENT.
EXHIBIT P3TRUE COPY OF REPRESENTATION DATED
24.1.2019 SUBMITTED BY THE PETITIONER TO
THE 2ND RESPONDENT.
EXHIBIT P4TRUE COPY OF REPRESENTATION DATED
24.1.2019 SUBMITTED BY THE PETITIONER TO
THE 3RD RESPONDENT.
3 issues framed by the court
Whether the respondents are directed to ascertain and remove encroachments on public watercourses to facilitate construction of drains.
Whether the Corporation of Kochi is directed to construct drains in sufficient width to ensure free flow of water.
Whether the respondents are directed to take time-bound action regarding the encroachments and drain construction.
1 provisions across 1 enactments
Jose Sanal
The District Collector, Ernakulam
The Village Officer, Edakochi
The Secretary, Corporation of Kochi
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court