Kerala High Court Filed Complaint Against Collector For Failing To Comply With Order To Demolish An Illegal Check Dam

Illegal Check Dam
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 Illegal Check Dam (Image from PRD, Kerala)

Highlights

  • A court order issued in 2019 ordering the removal of an illegal check dam at Cheenkannipalli that diverted and impeded a forest stream.
  • Justice N Nagaresh ordered the Government Pleader to seek legal advice on the subject.

The Malappuram Collector has been charged with contempt of court for failing to comply with a court order issued in 2019 ordering the removal of an illegal check dam at Cheenkannipalli that diverted and impeded a forest stream. On Monday, Justice N Nagaresh ordered the Government Pleader to seek legal advice on the subject. The case has been rescheduled for a session on October 25th.

Furthermore, the Collector's instruction to examine the dam on a regular basis and to ensure the natural flow of water to prevent stagnant water was not followed.
The Court had already directed the check dam at Cheenkannippara to be demolished and all the water collected in it to be released. The dam in question is controlled by MLA PV Anwar's father-in-law.
The petitioner claimed that the Collector insulted the High Court ruling and attacked the rule of law because of the MLA's political clout. According to the petition, the dam has now accumulated significant amounts of water, endangering the lives and property of individuals who reside nearby.
Meanwhile, the check dam was believed to be an illegal structure because it blocked a stream that the Adivasis relied on for drinking water. Following discovering that the lives and property of the Adivasi families living in the dam valley were in danger, the former Malappuram Collector ordered the dam to be demolished at the owner's expense within 14 days under the Disaster Management Act. Consequently, a motion to stay the Collector's ruling was filed in the High Court.

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