IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 WP(C).No. 31882 of 2009(E) -------------------------------------- PETITIONER: ------------------- KOLLAM DISTRICT SCHEDULE CASTE INDUSTIRAL CO-OPERATIVE SOCIETY LTD., NO. S IND (Q) 29, PUTHUKADU.P.O., CHAVARA, KOLLAM. REPRESENTED BY ITS SECRETARY MR. K.RADHAKRISHNAN. BY ADV. MR.SYAM J. SAM. RESPONDENTS: ------------------------ 1. WEST KALLADA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, WEST KALLADA, KOLLAM DISTRICT. 2. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT, KOLLAM. 3. THE ASSISTANT ENGIEER, MINOR IRRIGATION DEPARTMENT, SASTHAMKOTTA, KOLLAM DISTRICT. 4. THE ASSISTANT EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT, KOTTARAKKARA, KOLLAM. *ADDL.R5 IMPLEADED: 5. VIJAYAN, S/O. VASU, AGED 46 YEARS, KANDATHIL THEKETHIL, KOTTAPURAM MURI, WEST KALLADA VILLAGE, KUNNATHOOR TALUK, KOLLAM, (SECRETARY, C.P.I(M), LOCAL COMMITTEE, WEST KALLADA). *ADDL.R5 IS IMPLEADED AS PER ORDER DATED 04/01/2010 IN I.A. NO.12/2010. R1 BY ADV. MR.S.SUDHEESHKAR, R2 TO R4 BY GOVT. PLEADER MR. V. MANU, ADDL.R5 BY ADV. MR.SIJU KAMALASANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.31882 OF 2009 (E) -------------------------------------------------- Dated this the 4th day of January, 2010 J U D G M E N T Petitioner is a Co-operative Society. The Society had obtained Ext.P1 permit from the first respondent Panchayat, for the construction of a culvert, connecting its land with the main road. As the culvert was to pass across a canal of the Minor Irrigation Department, petitioner also obtained Ext.P2 permit from the Executive Engineer, Minor Irrigation Department, Kollam, authorizing them to undertake construction. On the strength of Exts.P1 and P2, petitioner proceeded with the construction and Ext.P3 photograph shows that substantial progress was achieved. It would appear that at that stage certain complaints were received by the Panchayat, which made it issue Ext.P4 notice and pass Ext.P5 decision. By Exts.P4 and P5, the width of the culvert has been reduced to 2 meters. It is challenging Exts.P4 and P5 that the writ petition is filed. 2. It is seen that, on 30.11.2009, this court stayed Exts.P4 and P5 and on the strength of which, construction as originally WPC.No. 31882/09 :2 : proposed was continued by the petitioner. Going by the instruction, that has been obtained by the learned Government Pleader, 90% of the construction of the culvert as approved by Exts.P1 and P2, has already been completed. It is at this stage the case is brought up for hearing. The justification offered by the Panchayat for issuing Exts.P4 an P5 is that substantial portion of the area under the Panchayat is water locked and if the culvert is constructed as permitted in Exts.P1 and P2, there is every possibility of illegal extraction of sand and transportation of the same through the culvert in question. 3. I am not impressed by the justification offered by the Panchayat. First of all, by long lapse of time, the construction of the culvert, that has been undertaken by the petitioner expending huge sum of money, is almost completed. Even otherwise, if through the culvert in question, sand extracted from the area is illegally transported, it is always open to the authorities to take necessary action for preventing extraction of sand. In order to achieve the said purpose, it is not necessary to demolish the culvert or to reduce the width of the culvert as now ordered in Exts.P4 and P5. WPC.No. 31882/09 :3 : Therefore, I do not find any justification for the belated orders that are issued by the Panchayat. Therefore, the writ petition is disposed of quashing Exts.P4 and P5 and permitting the petitioner to complete the construction as permitted by Exts.P1 and P2. It is clarified that, if using the culvert in question any unauthorised activity is resorted to, it will be open to the authorities to take any action, that is appropriate and in accordance with law. (ANTONY DOMINIC) JUDGE vi/