ABDUL LATHEEF C.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The captioned writ petitions are materially connected with respect to a check dam constructed in a property having an extent of 8 acres comprised in Survey No.2 of Vettilappara Village, Eranadu Taluk, Malappuram District. Therefore, we heard them together and proposed to pass this common judgment.

(2.) W.P.(C) No.41156 of 2017 is filed by owner of the property, who has put up a water theme park, by constructing a check dam and thus, allegedly prohibiting free flow of a natural river, causing threat of landslide, and danger to a colony of Scheduled Tribe people living beneath the hillock, challenging order dated 08.12.2017 (Exhibit-P7) passed by the District Collector, Malappuram, whereby he is directed to demolish the check dam and ensure free flow of the natural water course. Whereas, W.P.(C) No.9553 of 2018 is filed by All Kerala River Protection Council as a public interest litigation seeking to demolish the illegal construction of water theme park and the dam, by the 5th respondent, viz., one P.V.Anvar, who is the son-in-law of the petitioner in W.P.(C) No.41156 of 2017 and a member of the Kerala Legislative Assembly.

(3.) The paramount contention advanced by the owner of the property is that, in the property in question, a pond was in existence from time immemorial. However, due to passage of time and the peculiar terrain of the property surrounded by hills on three sides resulting in free flow of water during rainy season, to the property of the petitioner, the pond happened to be filled up on account of accumulation of soil and mud. In the year 2015, he has decided to revive the aforesaid pond for the purpose of better enjoyment of his property. Accordingly, the soil and mud were removed and the same was used for the purpose of strengthening the side walls thereof. But, some of the persons, who are inimical to the petitioner as well as his son-in-law, a member of the Kerala Legislative Assembly, have submitted false complaints alleging that, by the aforesaid improvements made in the property, a check dam was constructed, and acting upon the aforesaid complaints, reports were called for from various authorities by the 2 nd respondent, i.e. the District Collector, Malappuram.