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2025 DAILYLAW 5152 (KER)

K.K. MURALI v. THE SECRETARY

WP(C)/11748/2025 · 2025-04-04

T R Ravi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:29429 WP(C) NO. 11748 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 11748 OF 2025 PETITIONER: K.K. MURALI AGED 54 YEARS S/O. K.V. KUTTAPPAN, KADAYATH HOUSE, VEMBILLYKARA,KUNNATHUNADU TALUK, ERNAKULAM, PIN – 683565. BY ADVS. PAUL K.VARGHESE A.A.GEETHA HYBIN JOSE P.P. JALEEZA M.A. JERIN ROY SAVIO AUGUSTINE RESPONDENTS: 1 THE SECRETARY WATER RESOURCE DEPARTMENT (MP), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. 2 THE ADDITIONAL SECRETARY WATER RESOURCE (MP) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. 2025:KER:29429 WP(C) NO. 11748 OF 2025 2 3 THE EXECUTIVE ENGINEER P.H. DIVISION, KERALA WATER AUTHORITY, MUVATTUPUZHA, ERNAKULAM, PIN – 686691. 4 THE EXECUTIVE ENGINEER IRRIGATION DIVISION, CIVIL STATION, 5TH FLOOR, KAKKANAD, ERNAKULAM, PIN – 682030. SRI. ANOOP P.V., SC, CWRDM. SRI. P.M. JOHNY, SC, KERALA WATER AUTHORITY. SMT. DEEPA NARAYANAN, SR.GP. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29429 WP(C) NO. 11748 OF 2025 3 T.R. RAVI, J. -------------------------------------------- W.P.(C) No.11748 of 2025 -------------------------------------------- Dated this the 04th day of April, 2025 JUDGMENT The petitioner has challenged Ext.P4 order issued by the Executive Engineer. 2. The Government Pleader on instructions submits that the order is an appealable order and an appeal can be preferred before the Chief Engineer. In the above circumstances, it will not be appropriate for this Court to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India. The writ petition is hence disposed of, with liberty to the petitioner to challenge Ext.P4 before the Chief Engineer as per clause h in G.O.(MS) No.6/2025/WRD. If an application is filed within two weeks from today, the same shall be considered and orders shall be 2025:KER:29429 WP(C) NO. 11748 OF 2025 4 passed on merits after hearing the petitioner, at the earliest, at any rate, within one month from the date of receipt of the appeal. Sd/- T.R.RAVI JUDGE mpm 2025:KER:29429 WP(C) NO. 11748 OF 2025 5 APPENDIX OF WP(C) 11748/2025 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER ISSUED BY THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, KAKKANAD CIVIL STATION, ERNAKULAM TO THE PETITIONER DATED 15.2.2024. Exhibit P2 TRUE COPY OF THE CONSENT LETTER ISSUED BY THE SECRETARY, KALLOORKKAD GRAMA PANCHAYAT, TO THE PETITIONER DATED 20.7.2024. Exhibit P3 TRUE COPY OF THE RECOMMENDATION LETTER ISSUED BY THE 3RD RESPONDENT EXECUTIVE ENGINEER, PH DIVISION, MUVATTUPUZHA, TO THE 4TH RESPONDENT EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, ERNAKULAM, DATED 3.3.2025. Exhibit P4 TRUE COPY OF THE PROCEEDINGS OF THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, ERNAKULAM, DATED 4.3.2025. Exhibit P5 TRUE COPY OF THE ORDER OF THE ADDITIONAL CHIEF SECRETARY DATED 20.1.2025.