THANKAMMA GEORGE Vs. STATE OF KERALA,REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY REVENUE DEPARTMENT SECRETARIAT

JUDGEMENT

(1.) THE petitioner has a property, which forms part of the 'Mecheri Vaka Padasekharam'. THEre is a bridge near the property. THE water is not flowing freely in the area as a result of which weeds and other silt has accumulated near the bridge. For clearing the same and ensuring free flow of water, a sluice has to be constructed. By Ext.P3 order, the Government has directed to open a sluice at least 15 metres away from the bridge or to convert the sluice into a concrete sluice culvert, to ensure safety of the bridge. According to the petitioner, misreading Exts.P3, a direction has been issued to construct a sluice in the petitioner's property for which the respondents have no powers. THE petitioner has filed Ext.P5 representation in this regard before the respondents. THE petitioner seeks a direction to the 1st respondent to consider and pass orders on Ext.P5.

(2.) I have heard the learned Government Pleader also. Since the monsoon is to arrive shortly in the State it is imperative that the 1st respondent takes a final decision in the matter, insofar as the property right of the petitioner and safety of the bridge are at stake in this matter.