Disposed

Sathyan K.A v. Njarakkal Grama Panchayat

Kerala HC8 Apr 2024WP(C)/4328/2013

Case brief

AI extract

What is this about?

Writ petition alleging conversion of a natural thodu and obstruction of drainage by party respondents in Njarakkal Grama Panchayat, pending since 2013 without orders. The Court disposed of it, permitting petitioners to raise any surviving grievance before the competent authority, which must consider it after hearing affected parties.

What did the court decide?

Petitioners permitted to approach the competent authority with an application; authority to consider it after hearing affected parties.

Sathyan K.A Vs Njarakkal Grama Panchayat — Environment and Pollution | Kerala HC (2024)

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WP(C) NO. 4328 OF 2013

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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 P.V.KUNHIKRISHNAN MONDAY, THE 8^TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946

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WP(C) NO. 4328 OF 2013

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PETITIONER/S:

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1 SATHYAN K.A AGED 60 YEARS S/O.AYYANKUJI,KANNANGANATTU HOUSE, NJARAKLKAL POST, KOCHI 682 505.

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2 K.A.YESODHARAN AGED 63 YEARS S/O.AYYANKUNJI,KANNANGANATTU HOUSE,NJARAKKAL POST, KOCHI 682 505.

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3 ANIL.R.K AGED 43 YEARS S/O.KUTTAN,RAMAADI HOUSE, NJARAKKAL POST, KOCHI 682 505.

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BY ADV SRI.DENIZEN KOMATH

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RESPONDENT/S:

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1 NJARAKKAL GRAMA PANCHAYAT NJARAKKAL POST , VYPEEN, KOCHI 682 505, REPRESENTED BY ITS SECRETARY..

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2 VILLAGE OFFICER NJARAKKAL VILAGE, NJARAKKAL POST , VYPEEN, KOCHI 682 505.

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3 TAHZILDAR TALUK OFFICE, KOCHI-1.

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WP(C) NO. 4328 OF 2013 2

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4	REVENUE DIVISIONAL OFFICER FORT KOCHI-1.
5	DISTRICT COLLECTOR CIVIL STATION, KAAKANADU, ERNAKULAM.
6	K..S.SACHINMAYAN S/O.SANKARANARAYANAN,KANNANGANATT HOUSE,NJARAKKAL POST, KOCHI 682 505.
7	K.K.RUDRAKUMAR S/O.KUMARASWAMI,KANNANGANATT HOUSE, NJARAKKAL POST, KOCHI 682 505.
8	K.G.RAMABHADRAN AGED 72 YEARS S/O.LATE K.K.GOPALAN,KANNANGANATT HOUSE,NJARAKKAL POST, KOCHI 682 505.
9	K.G.MADHAVAN PILA AGED 65 YEARS S/O.LATE K.K.GOPALAN,KANNANGANATT HOUSE,NJARAKKAL POST, KOCHI 682 505
10	GUNAMURALI.M.C S/O.CHANDRABHANU,MADARAKKAL HOUSE, NJARAKKAL POST,KOCHI 682 505.

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OTHER PRESENT:

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SRI.B.S.SYAMANTAK, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 4328 OF 2013

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P.V.KUNHIKRISHNAN, J

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W.P.(C.) No. 4328 of 2013

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Dated this the 8^th day of April, 2024

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JUDGMENT

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The above writ petition is filed with following prayers :

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(a) “Call for the entire records pertaining to the facts pleaded in the writ petition.

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(b) Issue a writ of Mandamus, any other writ, order or direction, directing the Respondents 1 to 5 herein to ensure that the existing natural thodu within the properties and which was converted by the Respondents 6 to 10, be restored and free flow of drain water ensured uninterruptedly, within a time frame.

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(c) Issue a writ of Mandamus, any other writ, order or direction, directing the Respondents to ensure removal of pipelines, or any sort of construction works inside and across the existing thodu immediately to ensure free flow of water through the same.

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(d) Issue a writ of Mandamus, any other writ, order or direction, directing the Respondents 1 to 5 herein to consider Exhibits P-1 to P-6 and to forbear the Respondents 6 to 10 from making any unauthorized conversion of existing thodu passing through their respective homesteads / properties in Ward 2 of the 1st Respondent Grama Panchayat.

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WP(C) NO. 4328 OF 2013

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(e) Such other relief's that this Honourable Court may deem fit and proper to grant in the interest of justice.

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(f) Award costs of the proceedings.”[sic]

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The main prayer in this writ petition is against the conversion of natural thodu and obstruction to the existing drainage by the party respondents. This writ petition is pending before this Court from 2013 onwards. No orders are passed in this writ petition. If there is any surviving grievance, the petitioners are free to approach the competent authority among the respondents with appropriate application. If such an application is received, the competent authority will consider the same after giving an opportunity of hearing to the petitioners and other affected parties, in accordance with law. With the above observation, this writ petition is disposed

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of.

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SD/-

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P.V.KUNHIKRISHNAN JUDGE

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SKS

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WP(C) NO. 4328 OF 2013

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT.P1 TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT DATED 30.09.2011

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EXT.P2 TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DATED 30.09.2011

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EXT.P3 TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT DATED 08.02.2013

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EXT.P4 TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE 1ST RESPONDENT BEFORE THE 1ST RESPONDENT DATED 08.02.2013

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EXT.P4(A) TRUE PHOTOCOPY OF THE RECEIPT OF EXT.P4

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EXT.P5 TRUE PHOTOCOPY OF THE GRIEVANCE TABLED BY THE PETITIONERS HEREIN BEFORE THE RESPODNENTS 3 TO 5 DATED NIL

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EXT.P6 TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE 1ST AND 2ND PETITIONERS BEFORE THE 5TH RESPONDENT DATED 9.2.2013.

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EXT.P7 TRUE PHOTOCOPY OF THE ROUGHT SITE PLAN PREPARED BY THE PETITIONERS.

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WP(C) NO. 4328 OF 2013

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RESPONDENT'S EXHIBITS :

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ANNEXURE R2(A) A TRUE COPY OF THE REPORT DATED 1302.2013 ANNEXURE R2(B) A TRUE COPY OF THE ROUGH SKETCH

Sathyan K.A v. Njarakkal Grama Panchayat

Case brief

What is this about?

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Sathyan K.A v. Njarakkal Grama Panchayat

Case brief

What is this about?

What did the court decide?

What the court decided

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