SHAJI J. KODANKANDATH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein are the residents of the 11 th division of the 5th respondent-Thrissur Municipal Corporation and it is stated that they are residing in a colony which consists of around 180 houses. It is pointed out that the area, where the petitioners' residences are situated, was one of the worst affected areas during the floods in August, 2018 and 2019. Most of the houses in the locality including that of the petitioners were inundated with water during the floods resulting in huge financial loss and inconvenience to the residents. The complaint voiced by the petitioners concerns water logging during rain fall in Thrissur Municipal Town which makes life of the people miserable for days, it is averred. The petitioners would state that water logging mainly due to the unscientific construction of structures like bunds, water barriers, etc., in the nearby kole fields which leads to Enamavu and Idiyachira Regulators. Further, it is also pointed out that the obstructions and encroachments in the water canals blocked and impede the free flow of water and inaction on the part of the official respondents concerned in controlling the regulators also seriously contributed to the problem of water logging. It is also pointed out by the learned counsel for the petitioner that initial cause may be the rain falls, but if these impediments and obstructions had been cleared, it would have led to free flow of water and the problem could have been avoided to a very great extent and the respondents are trying to escape from their liability to remedy the situation on the plea that the abovesaid incidents was only due to the floods affected in August, 2018 and 2019, etc. One of the Municipal Councilor of the Thrissur Municipal Council had earlier approached this Court by voicing similar complaints by instituting a Writ Petition as W.P(C).No.23336/2019 and this Court as per Ext.P-4 judgment dated 6.11.2019 has disposed of the said Writ Petition after hearing the petitioner's counsel as well as the learned Government Pleader appearing for the official respondents. This Court in para 2 of Ext.P-4 judgment has taken cognizance of the fact that the grievances voiced by the petitioner is a genuine grievance affecting not only the petitioner but also various others. The authorities concerned, in the circumstances, should have come out with a solution for the problem by then, which if not solved, would continue to agonise the people of the locality in the future as well. This Court accordingly, had directed the competent authorities of the 5th respondent-Government in the Water Resources Department to examine in deep the issues and then constitute an appropriate committee of experts, who should be in a position to suggest practical solutions for the problem and cause the committee to submit a report before the Government on the issue and appropriate action shall be taken thereafter to implement the suggestions of the committee in a time bound manner. It was specifically directed that the said Committee as aforesaid shall be constituted expeditiously, within a period of six weeks, etc. The petitioners' counsel would seriously point out hat to the best of their knowledge, not even the Committee has been constituted by the respondent-Secretary to Government in the Water Resources Department and till date, no effective action has been taken by any of the respondents. The petitioners would also point out that they have submitted Ext.P-5 representation dated 28.4.2020 as well as Ext.P-6 representation dated 8.5.2020 before the 4th respondent-District Collector in his capacity as the Chair Person of the of the Disaster Management Committee as well as other respondents concerned for delineating these issues and urge that the directions in Ext.P-4 judgment should be effectively implemented without any further delay as otherwise it will again create a disaster situation during the heavy rain, which are expected in June & July of this year, etc. It is in the light of these aspects that the petitioner has filed instant Writ Petition with the following prayers:

(2.) Heard Sri.K.B.Gangesh, learned counsel for the petitioners, Sri.K.J.Manu Raj, learned Government Pleader appearing for official respondents 1 to 4 and 6 and Sri.Santhosh.P.Poduval, learned Standing Counsel for the Thrissur Municipal Corporation, appearing for respondent No.5.

(3.) After hearing all the parties concerned, it is seen that this Court has already issued directions in Ext.P-4 judgment. If as a matter of fact, the directions therein has not been fully complied with by now, then certainly it is serious state of affairs. It is true that the aggrieved person may have the remedy to resort to contempt proceedings. The learned counsel for the petitioner would point out that in view of the impending monsoons, effective directions from this Court are necessary as otherwise the official respondents may prolong the process of inaction in that regard. As already held by this Court in Ext.P-4 judgment, the grievances voiced by the petitioners disclose serious state of affairs which require really immediate attention by the authorities concerned. Accordingly, the following orders and directions are passed: