IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 3760 of 2010(T) -------------------------------------- PETITIONER(S): ------------------------- 1. SHAMSUDEEN KUNJU, AGED 54 YEARS, S/O.IBRAHIMKUTTY, 'SHA' MANZIL, KULASEKHARAPURAM, KARUNAGAPPALLY, KOLLAM. 2. THANKAPPAN, PULLAMPLAYIL, KADATHOOR, KULASEKHARAPURAM,KARUNAGAPPALLY,KOLLAM. BY ADV. MR.M.J.THOMAS RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, KALLADA IRRIGATION PROJECT, IRRIGATION CELL, MUSEUM, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, KALLADA IRRIGATION PROJECT, NEAR ASRAMAM ROAD, KOLLAM. 4. THE ASSISTANT EXECUTIVE ENGINEER, KALLADA IRRIGATION PROJECT,CIVIL STATION, KARUNAGAPPALLY, KOLLAM. R1 TO R4 BY GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.3760 OF 2010 --------------------------------------- Dated this the 3rd day of March, 2010. J U D G M E N T The petitioners herein are residents of Kulasekharapuram village. They are residing in their residential houses situated on the side of Kulasekharapuram distributory of KIP Canal at CH 4900 to NH Puliyinkulangara. On both sides, large number of families are residing. It is an open canal uncovered with any slab etc. 2. The petitioners allege that since the canal is not in use and lying open, lot of problems are being created daily whereby the people including the children are falling down into the distributory causing serious injuries to them. Exhibit P2 is the copy of the mass petition submitted before the 2nd respondent for taking appropriate remedial measures. Exhibit P3 is the copy of the petition submitted before the Minister for Irrigation. The local panchayath has passed a resolution as per Exhibit P4. Exhibit P5 is the copy of the letter issued by the Superintending Engineer to W.P.(C) No.3760/2010 2 the Executive Engineer calling for a report and Exhibit P6 is a communication issued by the Chief Engineer to the Superintending Engineer and Exhibit P7 is also a communication issued by the Executive Engineer to the Chief Engineer in the matter. 3. Learned Government Pleader on instructions submitted that the canal was constructed as an open one and there was no proposal and facility at that point of time to provide any slabs etc. It is also pointed out that it is for the local panchayath to take protective measures in the matter. Since the matter is pending before the Chief Engineer, there will be a direction to the 2nd respondent to take a decision on Exhibit P2 and any other representations submitted thereafter, after hearing the petitioners herein and the Kulasekharapuram Grama Panchayath, within a period of two months. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp