The petitioner has approached this Court aggrieved by demolition of retaining wall constructed by the petitioner on account of construction of regulator cum bridge across the river Periyar. According to the petitioner, the entire length of retaining wall constructed by him on the western side of the property was washed out. It seems that the first respondent has inspected the site and found out that some genuineness of the claim that has been raised by the petitioner and based on the complaint of the petitioner an estimate has been prepared and forwarded to the second respondent Superintending Engineer.
2. This Court as per interim order dated 29.9.2014 directed the second respondent to state what action is WP(C).No.23937/2014-N.
2 proposed on recommendation made by the first respondent. Based on the direction, a statement has been placed before this Court. It is stated that the work recommended by the first respondent is included in the priority list as item No.189 as 'Urgent Protection Works to the downstream of Pathalam Regulator cum Bridge in Periyar River in Ernakulam District'. It is also stated that the estimate amount for the above work is Rs.30 lakhs and the file is submitted before the Chief Engineer, Irrigation & Administration, Thiruvananthapuram for approval as per letter No.D2-342/14 dated 13.10.2014. The Chief Engineer, Irrigation & Administration, Thiruvananthapuram is suo moto impleaded as additional 4th respondent.
3. In view of the above report, there shall be a direction to the additional 4th respondent Chief Engineer to take appropriate decision based on the recommendation and to take immediate steps to provide retaining wall along the western boundary of the petitioner's property. Needful WP(C).No.23937/2014-N.
3 shall be done within a period of two months from the date of receipt of copy of this judgment.
Writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (Judge) Kvs/-
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