2025:KER:29504 WA NO. 1429 OF 2023 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR & THE HONOURABLE MR. JUSTICE S.MANU FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WA NO. 1429 OF 2023 AGAINST THE JUDGMENT DATED 09.06.2023 IN WP(C) NO.809 OF 2023 OF HIGH COURT OF KERALA APPELLANT/WRIT PETITIONER: ROY GEORGE S/O. VARKEY LUKA, AGED 48 YEARS, ELAVANTHIYIL HOUSE, KUDAKKACHIRA, VALLICHIRA VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN - 686635 BY ADV P.C.HARIDAS RESPONDENTS/RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO THE LOCAL SELF- GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE CHIEF ENGINEER MINOR IRRIGATION DIVISION, PUBLIC OFFICES COMPLEX, THIRUVANANTHAPURAM, PIN - 695033 3 THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION, MINI CIVIL STATION, KOTTAYAM, PIN - 686001 2025:KER:29504 WA NO. 1429 OF 2023 -2- 4 KERALA WATER AUTHORITY JALABHAVAN, VALLAYMBALAM, THIRUVANANTHAPURAM- 695033 REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 695033 5 KAROOR GRAMA PANCHAYAT PONADU, KAROOR PO, PALA, KOTTAYAM DISTRICT-686574 REPRESENTED BY ITS SECRETARY, PIN - 686574 6 UNNIKRISHNAN SIVAVILASAM, VALLICHIRA PO, MEANACHIL TALUK, KOTTAYAM DISTRICT, PIN - 686574 BY ADVS. SUNIL CYRIAC DONA SEBASTIAN GEORGE POONTHOTTAM (SR.)(K/000570/1979) SARITHA THOMAS(K/158/2010) GEORGIE JOHNY, SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29504 WA NO. 1429 OF 2023 -3- JUDGMENT Dated this the 4 th day of April 2025 NITIN JAMDAR, C.J. Heard Mr. P.C.Haridas, learned counsel appearing for the Appellant, Ms. Dona Augustine representing Mr. Sunil Cyriac, learned Standing Counsel appearing for the Respondent Grama Panchayat, Mr. George Poonthottam, learned Senior Advocate appearing for Respondent No.6 and Mr. Georgie Johny, learned Standing Counsel appearing for the Kerala Water Authority. 2. Despite order dated 13 February 2025, no steps have been taken to bring the legal heirs of the sole Appellant on record. 3. Accordingly, the writ appeal is disposed of as abated. Sd/- NITIN JAMDAR CHIEF JUSTICE Sd/- S.MANU JUDGE uu 2025:KER:29504 WA NO. 1429 OF 2023 -4- APPENDIX OF WA 1429/2023 PETITIONER ANNEXURES Annexure A A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE ADL. 7TH RESPONDENT IN W.P. © NO.30737/2022 RESPONDENT ANNEXURES Annexure R3(a) True copy of the site inspection report Annexure R3(b) True copy of the photographs taken at the time of the inspection Exhibit R6(c) True photograph of the position of concrete beam with uncovered steel reinforcement on the top end of the impugned tank. Exhibit R6(d) True photograph, close up shot of R6(c) part. Exhibit R6(e) True photograph showing the points were the supporting because on which covering slabs are resting. Exhibit R6(f) True photograph, close up shot of R6(e) part. Exhibit R6(g) True photograph showing the pipe fitted to supply water into the impugned water tank. Exhibit R6(h) True photograph, close up shot of R6(g) part. Exhibit R6(i) True copy of the relevant pages of the latest study report, dated 28/02/2023 prepared as per the directions of the Hon’ble NGT, Principal Bench, New 2025:KER:29504 WA NO. 1429 OF 2023 -5- Delhi, in O.A. No. 304/2019. Exhibit R6(j) True print out of the calculation plotted on Google Earth Map. Exhibit R6(k) True copy of the order in WPC No. 809 of 2023, dated 12/01/2023 of this Honourable Court. Exhibit R6(l) True copy of the application for information dated 29/09/2023 submitted by the 6th respondent along with English translation. Exhibit R6(m) True copy of the information supplied to the 6th respondent, dated 16/10/2023, in response to Annexure R- 6(l) along with English translation. Exhibit R6(a) True photograph of the water tank from a long view. Exhibit R6(b) True photograph of the Annexure R6(a) water tank from the other side of R6(a) side. Annexure R6(n) TRUE COPY OF THE APPLICATION SUBMITTED UNDER RIGHT TO INFORMATION ACT BEFORE THE 4TH RESPONDENT IN THIS APPLICATION (ALONG WITH ENGLISH TRANSLATION). Annexure R6(o) TRUE COPY OF THE REPLY DATED 27/07/2024 GIVEN BY 4TH RESPONDENT IN THIS APPLICATION (ALONG WITH ENGLISH TRANSLATION).