DISTRICT COLLECTOR Vs. CHANGARAM PULITHARAMURI MITCHABHUMI NELLULPADAKA SAMITHI

JUDGEMENT

(1.) The State has filed this appeal challenging the judgment of the learned Single Judge in W.P.(C) No. 30212 of 2014 dated 04.03.2015. The respondents in the writ petition are the appellants herein and the writ petitioners are the respondents.

(2.) The main relief sought for in the writ petition was for a direction to the respondents to ensure that all the shutters of Andhakaranazhi Bridge cum Regulator ('ABR' for short) are to be kept open for the period commencing from 15th November to 30th April of the succeeding year. When the matter was taken up for consideration, the learned Single Judge, on the basis of the suggestions of the Deputy Director of Fisheries of Alappuzha District that saline water is required for shrimp cultivation, has granted an interim order directing the appellants/respondents to open the shutters of ABR. The learned single Judge as per the impugned judgment allowed the writ petition directing the respondents to ensure that all the shutters of ABR are kept open from 15th November to 30th April of the succeeding year. Hence this writ appeal.

(3.) The learned Government Pleader submits that the ABR, which is situated in Alappuzha District is being operated on need basis to safeguard the Pokkali Paddy Fields of an extent of about 2000 hectares. The Andhakaranazhi project was introduced for the protection of crops and the regulation and prevention of the intrusion of saline water from the sea. The opening of the shutters in November of every year results in flooding the area with the saline water which causes untold difficulties and inconvenience to the local people, who are residing in several Panchayaths and also affects the traditional organic vegetable cultivations and other agricultural cultivations assisted and funded by the Government of Kerala and various Banks. The purpose of the ABR, which was introduced in the year 1958, was for the regulation of saline water during the particular period and its operation is regulated by the District Administration in consultation with the Principal Agricultural Officer of the District concerned, as and when the situation is warranted. The ABR will be closed from the date commencing from 15 th November upto February of the succeeding year.