SHAFIQ ALUNKAL Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The captioned appeal is filed by the petitioner in W.P.(C) No. 3250 of 2022 challenging the judgment of a learned single Judge dtd. 26/10/2022, whereby the following reliefs sought for in the writ petition were declined:

(2.) The challenge in the writ petition was against Exhibit P3 order dtd. 30/8/2021 passed by the District Collector on the basis of a direction issued by a learned single Judge of this Court in W.P.(C) No. 29037 of 2020-D dtd. 22/12/2020 filed by the General Secretary of the Kerala River Protection Committee, whereby the District Collector, taking into account Ss. 3, 4 and 5 of the Kerala Irrigation and Water Conservation Act, 2003 ('Act, 2003' for short) directed the appellant to demolish the check dam constructed in his property by blocking a stream flowing through the property.

(3.) The paramount contention advanced by the appellant is that the impugned order passed by the District Collector is not in accordance with law and that the term "thadayana' is a malayalam term having a meaning 'check dam' intended to restrain the flow of water or collect water. According to the appellants, what is now constructed is a structure to ensure free flow of water without affecting the movement of the people across the land on either side. It is also submitted that the pipelines were laid before putting tiles and making it a road to ensure the free flow of water across the lands. It is further pointed out that the Grama Panchayat did not oppose it for the reason that it will help the people to make use of the same as a public way to go to different places.