Contempt Petition Before Kerala High Court Against Collector Alleging Failure To Implement Order Directing Demolition Of Illegal Check Dam

A contempt petition has been filed before the Kerala High Court against the Malappuram Collector alleging failure to implement the Court order passed in 2019 directing the demolition of the illegal check dam at Cheenkannipalli which diverted and obstructed a forest stream.

Justice N Nagaresh on Monday directed the Government Pleader to get instructions in the matter. The case has been listed to 25th October for further hearing. 

The Court had earlier ordered to demolish the check dam in Cheenkannippara and to release all the water stored in it. The said dam is owned by the father-in-law of MLA PV Anwar. 

However, this order directing the Collector to inspect the dam at regular intervals and to maintain the natural flow of water to avoid stagnant water was not complied with.

The petitioner alleged that the Collector, under the political influence of the said MLA, mocked the High Court order and challenged the rule of law. The petition states that the dam has now accumulated large amounts of water, threatening the lives and property of those living in the vicinity.

Advocate Enoch David Simon Joel represented the petitioner in the matter. 

Background:

The check dam was alleged to be an illegal construction on the pretext that it blocked the stream supposed to provide drinking water to the Adivasis.

In 2017, the then Malappuram Collector had ordered to demolish the dam at the owner's own expense within 14 days under the Disaster Management Act, after finding that the lives and property of the Adivasi families living in the dam valley were under threat.

However, a plea was moved before the High Court seeking a stay of the Collector's order.

Accordingly, in 2018, a Division Bench headed by the then Chief Justice ordered that the water in the dam be completely drained within two weeks. This order was not implemented for 10 months.

Pursuant to such inaction, the Court ordered the Malappuram Collector to break the dam and release the water. Based on this, former Collector Jafar Malik had in 2019 demolished a part of the dam and released the water. However, the barrier was not completely demolished.

Thereafter, the petitioner herein moved the Court seeking the removal of the remaining barrier to protect the lives and property of the people, citing an incident in which 14 people were killed in a landslide in the Kozhikode district.

Hence, in 2020, another Division Bench upheld the order dismissing the petition filed against the Collector's decision, thereby upholding the demolition of the barricade. Despite the passage of four months, the order was not implemented by the former Malappuram Collector. 

Hence, the petitioner approached the court yet again. The Collector submitted an affidavit in the High Court that the illegal structures had been completely demolished. In January, a Division Bench directed the Collector to implement the order.

Case Title: M.P.Vinod v V.R.Premkumar