K.J.TOMY Vs. STATE OF KERALA

JUDGEMENT

(1.) Instant public interest writ petition has been filed assailing inaction on the part of respondents 1 to 4, i.e. State of Kerala, represented by the Chief Secretary to Government; Corporation of Cochin, represented by the Secretary; District Collector, Ernakulam; and Tahsildar, Ernakulam, in taking adequate steps to prevent illegal encroachments and reducing the width of Konthuruthy river at the behest of Bhoorahitha Samrakshana Samithi, Perumanoor, Kochi, represented by its Secretary, (respondent No.5). The reliefs sought for in the writ petition are as under:

(2.) Short facts leading to the filing of the writ petition are that, petitioner herein is a public spirited individual, who always stood up for the cause of public. He is a resident of Thevara-Konthuruthy region, within the limits of Corporation of Kochi. He had taken up the cause of Konthuruthy river before several authorities and filed W.P.(C) No.13927 of 2012 before this Court, which was later transferred to the National Green Tribunal, Chennai. Thereafter, the said writ petition was withdrawn with liberty to initiate fresh proceedings.

(3.) Konthuruthy river is situated in Sy. No.1006 of Elamkulam village, Kanayannur taluk, Ernakulam district. The river connects Thevara canal to the backwaters of Nettoor and was originally used as a major navigational channel under Section 2(26) of the Cochin Public Canals and Back Water Navigation Rules, 1114. According to the petitioner, due to the widespread encroachments made by the members of the 5 th respondent, Konthuruthy river is facing a slow death. As per survey records, the river originally had a width of 48 metres, but now has been reduced to a width of 3 metres. The starting point of the said encroachments commenced with the destruction of an over bridge across the river about 26 years ago. The bridge was destroyed and a road was constructed over the river without leaving access for flow of water through the river.