2025:KER:28361 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 8919 OF 2023 PETITIONER: RAJAMMA, AGED 75 YEARS W/O. LATE SREEDHARAN NAIR, KIDANGIL HOUSE, ATHUMBUKULAM P.O., KONNI, PIN - 689692 BY ADV P.SAJU RESPONDENTS: 1 THE DISTRICT COLLECTOR, CIVIL STATION, PATHANAMTHITTA, PIN - 689645 2 THE DISTRICT DISASTER MANAGEMENT AUTHORITY,, REPRESENTED BY THE DISTRICT COLLECTOR, PATHANAMTHITTA, PIN - 689645 3 DISTRICT SOIL CONSERVATION OFFICER, MTS COMMERCIAL COMPLEX, STADIUM JUNCTION, PATHANAMTHITTA, PIN - 689645 4 KONNI GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, KONNI, PIN - 689691 5 THE TAHSILDAR, KONNI TALUK, PATHANAMTHITTA DISTRICT, PIN - 689691 6 THE REVENUE DIVISIONAL OFFICER, ADOOR, PATHANAMTHITTA, PIN - 691523 WP(C)No.8919 of 2023 2 2025:KER:28361 *ADDL R7 T.M.THOMAS, S/O. MATHAI, THEKKECHERUVIL HOUSE, ATHUMBUKULAM P.O, KONNI, PIN – 689692. *ADDL R8 RATHEESH K.K., S/O. KAMALASANAN, KIZHAKKECHERUVIL HOUSE, ATHUMBUKULAM P.O, KONNI, PIN – 689692. *ADDL R9 JUSTEENA SIMON, D/O. SIMON, THEKKECHERUVIL HOUSE, ATHUMBUKULAM P.O, KONNI, PIN – 689692. *ARE IMPLEADED AS ADDL. RESPONDENTS 7 TO 9 AS PER ORDER DATED 02.04.2025 IN IA NO.1/2023 BY ADVS. SHRI.V.K.SUNIL, SC, KONNI GRAMA PANCHAYAT GEORGEKUTTY MATHEW RAJEEV V.K., SC, KONNI GRAMA PANCHAYAT OTHER PRESENT: SRI E G GORDEN SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)No.8919 of 2023 3 2025:KER:28361 JUDGMENT The petitioner, stated to be a senior citizen, has filed the captioned writ petition pointing out that she is residing by the side of “Konnapara Thodu” and respondents herein have taken steps to reduce the width of the “Thodu”, which would ultimately be detrimental to her as she has been residing by the side of the “Thodu”. 2. On 14.03.2023, when this writ petition came up for admission, this Court recorded the submission made from the side of the respondents that the proposed construction is being kept in abeyance. On the basis of the afore order, which is being extended from time to time, both sides admit that the work is not being carried out. 3. I have heard Sri. P. Saju, the learned counsel for the petitioner, Sri. Georgekutty Mathew, the learned counsel on behalf of the additional respondents 7 to 9, the beneficiaries of the work, as well as Sri. V. K. Rajeev, the learned Standing Counsel for the 4th respondent Panchayat. WP(C)No.8919 of 2023 4 2025:KER:28361 4. This Court notices that in an earlier round of litigation, wherein the very same contention was raised, with reference to the very same “Thodu”, this Court in Ext.P4 judgment dated 03.01.2023, has taken note of the rival contentions and found that if concrete slabs are being provided over the “Thodu”, that by itself cannot be found to be illegal or arbitrary. The panchayat was also directed to proceed with the project in question, “without obstructing the natural flow of water through the Thode”. 5. It is on the face of the afore findings that the prayers in the writ petition have to be noticed. This Court further notices that the 5th respondent herein has filed a statement dated 03.02.2025, noticing that the project “will not obstruct the flow of water along the course of the stream unless the width of the river is altered”. 6. The panchayat has also filed an affidavit pointing out that the work is being carried out without affecting the flow of water in the “Thodu”. 7. In the light of the findings contained in Ext.P4, noticed WP(C)No.8919 of 2023 5 2025:KER:28361 earlier, I am of the opinion that the petitioner is not justified in raising the same issue again through the captioned writ petition complaining about the provision being made for providing slabs over the “Thodu”. Resultantly, I am of the opinion that the petitioner is not entitled for any of the reliefs as prayed for in this writ petition. Hence, the writ petition will stand dismissed as above. Sd/- HARISANKAR V. MENON JUDGE HKH/02.04.2025 WP(C)No.8919 of 2023 6 2025:KER:28361 APPENDIX OF WP(C) 8919/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 8/10/2020 EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE PRESIDENT OF THE PANCHAYATH ON 2/2/2021 EXHIBIT P3 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENT PANCHAYATH IN W.P.(C) 5117/2021 EXHIBIT P4 A TRUE COPY OF THE JUDGEMENT OF THIS HONOURABLE COURT IN W.P (C) 5117/2021 AND 5232/2021 DATED 3.1.2023 EXHIBIT P5 PHOTOGRAPHS OF THE ONGOING WORKS IN KONNAPPARA THODU EXHIBIT P6 A TRUE COPY OF THE REPORT DATED 17/05/2022 SUBMITTED BY THE RESPONDENT PANCHAYATH IN W.P.(C) NO 5117/2021 EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT RESPONDENT EXHIBITS EXHIBIT R4(A) TRUE COPY OF THE REPORT DATED 14.03.2023 OF THE ASSISTANT ENGINEER WHO WAS IN CHARGE OF THE WORK EXHIBIT R4(B) TRUE COPY OF THE REVISED ESTIMATE REPORT SUBMITTED BY THE ASSISTANT ENGINEER LID AND EW SECTION KONNI GRAMA PANCHAYATH EXHIBIT R4(C) TRUE COPY OF THE REVISED DRAWING OF THE WP(C)No.8919 of 2023 7 2025:KER:28361 PROJECT EXHIBIT R4(D) TRUE COPY OF THE JUDGMENT IN W.A.690 OF 2023 DATED 24.05.2023 OF THIS HONOURABLE COURT EXHIBIT R8(A) TRUE COPY OF THE DECISION BEARING NO. 8/1 DATED 24.082023 OF THE COMMITTEE OF RESPONDENT PANCHAYAT EXHIBIT R8(B) TRUE COPY OF THE LETTER BEARING NO. 8/AE/LSGD/KGP/2023-24 DATED 27.10.2023 ISSUED BY THE ASSISTANT ENGINEER OF THE RESPONDENT PANCHAYAT TO THE CONTRACTOR OF THE PROJECT BEARING NO. 207/2021