AUGUSTIAN K.T. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a public interest litigation filed by a resident of Thrissur District, claiming to be a public spirited person and income tax payee, contending that he is espousing the cause of numerous residents and farmers, who suffered on account of avoidable inundation caused due to negligence and apathy of respondents 1 to 3 i.e., State of Kerala, District Collector, Thrissur and Executive Engineer (Major Irrigation) Department, Thrissur, who are said to be in control of the state of affairs alleged in the writ petition.

(2.) Even though the Member of the Legislative Assembly concerned was the 4th respondent, he was removed from the party array having been found that he was not a necessary party at all in respect of the issues raised by the writ petitioner.

(3.) The case projected by the petitioner is that the natural terrain of the State of Kerala is having a slope from East to West with water from the rivers and other water bodies flowing into the Arabian Sea. As some portions of the State, especially those lying close to the water bodies are below the Mean Sea Level (MSL), various measures were being taken in the past to prevent the inflow of sea water into these areas during high tide by constructing bunds and providing regulators with sluice gates/shutters. It is the further case of the petitioner that when the sluice gates/shutters are lowered, it would prevent the inflow of sea water into the low lying areas and when lifted during the monsoon months, the excess water in the rivers and water bodies would drain out to the sea preventing flood to low lying areas and paddy fields.