Writ petition filed for removal of unauthorized pipelines by respondent. Court directed respondent to consider specific representation within two months, modifying the initial prayer for removal.
Respondent directed to consider Ext.P7 and pass orders after hearing the petitioner within two 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 P.V.KUNHIKRISHNAN
TUESDAY, THE 6TH DAY OF JUNE 2023 / 16TH JYAISHTA, 1945
WP(C) NO. 9156 OF 2023
PETITIONER:
K.G. VENUGOPAL
AGED 75 YEARS
S/O. GOPINATHAN NAIR, USHA KIRAN KARUMBHAGOM,
THIRUVALLA PATHANAMTHITTA DISTRICT., PIN - 689102
BY ADV R.SANTHOSH BABU
RESPONDENTS:
1STATE OF KERALA
REP. BY SECRETARY TO GOVERNMENT
DEPARTMENT OF WATER RESOURCES
GOVT. OF KERALA, SECRETARIAT
THIRUVANANTHAPURAM, PIN - 682031
2THE EXECUTIVE ENGINEER,
KERALA WATER AUTHORITY
P.H. DIVISION, THIRUVALLA GOVT. OF KERALA,
THIRUVALLA, PIN - 689111
3 THE ASST.EXECUTIVE ENGINEER KERALA WATER AUTHORITY P.H. SUB DIVISION, CHANGANACHERRY, PIN - 6861014 THE ASSISTANT ENGINEER KERALA WATER AUTHORITY P.H. SECTION, CHANGANACHERRY, PIN - 686101OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP,
SRI.P.M.JOHNY, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.9156/2023
2
P.V.KUNHIKRISHNAN, J.
W.P.(C).No.9156 of 2023
---------------------------------------------Dated this the 06th day of June, 2023
JUDGMENT
This writ petition is filed with following prayers:
direction to the 2nd respondent to remove the unauthorized overhead pipelines and valve chambers laid in the petitioner’s
WP(C).No.9156/2023
3
property. When this writ petition came up for consideration, the counsel for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the 2nd respondent to consider Ext.P7 within a time frame.
Therefore, this writ petition is disposed of in the following manner:
sd/- P.V.KUNHIKRISHNAN JUDGE
JV
WP(C).No.9156/2023
4
APPENDIX OF WP(C) 9156/2023
PETITIONER EXHIBITS
Exhibit P1A TRUE COPY OF THE TAX RECEIPT DATED
12-05-2022 ISSUED BY THE VILLAGE
OFFICER, KUTTAPUZHA
Exhibit P2PHOTOGRAPHS SHOWING THE ABOVE
ENCROACHMENT INTO THE PETITIONERS
PROPERTY
Exhibit P3A TRUE COPY OF THE REPRESENTATION
DATED 06-02-2018 TO THE R2
Exhibit P4A TRUE COPY OF THE REPRESENTATION
DATED 23-02-2018 TO THE R2
Exhibit P5A TRUE COPY OF THE COMPLAINT DATED 02-
03-2018 TO THE SUB INSPECTOR OF POLICE
THIRUVALLA
Exhibit P6A TRUE COPY OF THE MEASUREMENT SKETCH
ISSUED BY THE KUTTAPUZHA VILLAGE
Exhibit P7A TRUE COPY SAID REMINDER LETTER DATED
14-02-2023 TO THE R2
2 issues framed by the court
Whether the respondent must remove unauthorized pipelines from petitioner's property.
Whether the respondent must consider representations filed by the petitioner.
K.G. Venugopal
State of Kerala Rep. by Secretary to Government, Department of Water Resources
The Executive Engineer, Kerala Water Authority
The Asst. Executive Engineer, Kerala Water Authority
The Assistant Engineer, Kerala Water Authority
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court