Disposed

Dipin v.Antony, v. District Collector, Ernakulam

Kerala HC6 Jun 2024WP(C)/26233/2022

Case brief

AI extract

What is this about?

The Court dealt with a writ petition concerning waterlogging in the petitioner's locality due to filling of a nearby canal by the fourth respondent. The Court directed the Gramapanchayath to take action on a complaint and ensure the released directions to the fourth respondent to remove obstructions are complied with within two months.

What did the court decide?

Direction to respondents 2 and 3 to take action on the complaint and ensure compliance with the notice issued to the fourth respondent within two months.

Dipin v.Antony, Vs District Collector, Ernakulam — Environment and Pollution | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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THURSDAY, THE 6^TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946

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WP(C) NO. 26233 OF 2022

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PETITIONER:

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DIPIN V.ANTONY, AGED 45 YEARS S/O. V.O. ANTONY , VALIYAMARATHINKAL, KADAVANTHURUTH, GOTHURUTH P.O, ERNAKULAM - 683516.

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BY ADVS. T.T.MUHAMOOD A.RENJIT V.E.ABDUL GAFOOR A.MOHAMMED SAVAD NAZEER HUZAIN.H T.R.VISHNU

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RESPONDENTS:

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1 DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM - 682021.

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2 CHENDAMANGALAM GRAMAPANCHAYAT, REPRESENTED BY THE SECRETARY, GRAMA PANCHAYAT OFFICE, CHENDAMANGALAM, NORTH PARAVOOR, ERNAKULAM - 683512.

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3 THE SECRETARY, CHENDAMANGALAM GRAMAPANCHAYATH, GRAMAPANCHAYAT OFFICE, CHENDAMANGALAM, NORTH PARAVOOR, ERNAKULAM - 683512.

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4 SRI. GEORGE, S/O. VAREETH MATHAI, PUTHEN VEETTIL HOUSE, GOTHURUTH P.O, ERNAKULAM - 683516.

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BY ADV K.SUJAI SATHIAN

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SMT.G.SHEEBA, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)No.26233 of 2022

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MOHAMMED NIAS C.P., J.

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WP(C)No.26233 of 2022

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Dated this the 6th day of June, 2024

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JUDGMENT

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The petitioner, stated to be a resident of Ward 18 of Chendamangalam Grama Panchayath has filed this writ petition alleging inaction on the part of the Panchayath in not taking action against filling up of nearby canal (thodu) by the fourth respondent which resulted in the area being waterlogged. The petitioner and other residents of the locality have preferred Ext.P2 before the Panchayath on 5.10.2021.

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This Court directed the third respondent to submit a report indicating the action taken to avoid the water logging as seen from Ext.P1 photographs and the steps that have been taken to abate the same.

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A counter affidavit has been filed on behalf of the Panchayath, stating as follows:-

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“On the basis of the report furnished by the Village officer, an inspection of the property was conducted and the following facts are revealed on such inspection. The property of the

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petitioner is well demarcated with compound wall in all boundaries and the property of the 4th respondent lies adjacent to the property of the petitioner on both sides of the road and there is a hole in the compound wall adjacent to the 4th respondent’s property to drain the water from petitioner’s property. The water which comes through the hole flows through the PVC pipe put across the road and reaches the above referred Thodu and then flows towards the River. The area alleged to be Thodu by the petitioner's is seen filled with tree branches and garbage. In this circumstances the 4th respondent was issued with a notice dated 15.12.2022 directing to remove all the obstructions and to cause free flow of water.”

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In view of the above, there will be a direction to respondents 2 and 3 to take appropriate action on Ext.P2 complaint and also to ensure that the directions issued in the notice issued to the fourth respondent are complied with by the said respondent. It will be open to respondents 2 and 3 to take such steps to prevent water logging in the area by giving appropriate directions to those whose actions result in water logging in the area. It shall be done within a period of two months from today.

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The writ petition is disposed of as above.

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Sd/-MOHAMMED NIAS C.P.

JUDGE

dlk/06.06.2024

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APPENDIX OF WP(C) 26233/2022

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PETITIONER'S EXHIBITS

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EXHIBIT P1	TRUE COPY OF PHOTOGRAPHS, SHOWING THE ACTUAL STATE OF AFFAIRS OF THE AREA.
EXHIBIT P2	TRUE COPY OF REPRESENTATION DATED 05.10.2021 SUBMITTED BY THE PETITIONER AND OTHER RESIDENTS OF THE LOCALITY BEFORE THE 2ND AND 3RD RESPONDENTS.
EXHIBIT P3	TRUE COPY OF THE PHOTOGRAPHS SHOWING THE PRESENT SITUATION OF THE AREA

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RESPONDENTS EXHIBITS

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EXHIBIT R3(A)	TRUE COPY OF THE LETTER ISSUED TO THE VILLAGE OFFICER DATED 13.12.2022.
EXHIBIT R3(B)	TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 14.12.2022
EXHIBIT R3(C)	TRUE COPY OF THE BTR.
EXHIBIT R3(D)	TRUE COPY OF THE NOTICE ISSUED TO THE 4TH RESPONDENT DATED 15.12.2022.

Dipin v.Antony, v. District Collector, Ernakulam

Case brief

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What did the court decide?

Dipin v.Antony, v. District Collector, Ernakulam

Case brief

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What the court decided

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