ANSARUDHEEN Vs. DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATIONLABIC

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P7 order passed by the District Disaster Management Authority, Thiruvananthapuram dated 11.10.2018, directing the petitioner to demolish the check dam constructed by the petitioner in his property within 14 days in the presence of Engineer suggested by the Executive Engineer, Irrigation Department, and for other consequential reliefs. Basic material facts for the disposal of the writ petition are as follows:

(2.) Petitioner has purchased an extent of 322.07 Ares of property situate in Re-survey No.863/1 along with property situated in other survey numbers of Vithura Village. The property was purchased for doing agricultural operations. Petitioner is doing horticulture, fishing, rubber and other farming operations. Petitioner has also secured Exts.P1 to P3 licence certificates for doing aquaculture. According to the petitioner, for carrying on with the agricultural operations, petitioner is using water from the pond situated in the property. However, water is not drawn from any public water source. The 2nd respondent, i.e., the Secretary of the Grama Panchayat has at one point of time issued a stop memo, which was withdrawn realizing that there is no illegality in the constructions carried out by the petitioner, evident from Ext.P5 dated 26.07.2018.

(3.) It is also the case of the petitioner that, the activities are carried out by him strictly in obedience to the directions issued by the 2nd respondent. However, Ext.P7 order is issued to the petitioner, directing him to demolish the pond constructed in the property, without even providing an opportunity of hearing. Other legal contentions are also raised to contend that no permission is required to do the agricultural operations by drawing water from the pond situated in the property.