Dixon Chakkiath Antony vs State Of Kerala
2021 Latest Caselaw 11073 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.1535 OF 2021(N)


PETITIONER:

               DIXON CHAKKIATH ANTONY,
               AGED 51 YEARS,
               S/O.C.P.ANTONY, CHAKKIATH HOUSE, CHERANALLOOR P.O.,
               VIA EDAPPALLY, ERNAKULAM-682 034.

               BY ADV. SRI.MANU ROY

RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY ITS SECRETARY,
               DEPARTMENT OF WATER RESOURCES, GOVT. SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

      2        KERALA WATER AUTHORITY,
               JALABHAVAN, VELLAYAMBALAM,
               THIRUVANANTHAPURAM-695 033,
               REPRESENTED BY ITS MANAGING DIRECTOR.

      3        CHERANALLUR GRAMA PANCHAYAT
               SOUTH CHITTOOR ROAD, ERNAKULAM-682 027,
               REPRESENTED BY ITS SECRETARY.

*ADDL. R4      THE CHIEF ENGINEER,
               CENTRAL ZONE,
               KERALA WATER AUTHORITY, ERNAKULAM.

*ADDL. R5      THE DISTRICT COLLECTOR,
               ERNAKULAM.

               *ADDL.R4 AND R5 ARE SUOMOTU IMPLEADED AS PER ORDER
               DATED 20.01.2021 IN WP(C) 1535/2021.

               BY ADVS. SRI.P.BENJAMIN PAUL, SC, KWA
                        SRI.T.K.AJITHKUMAR (VALATH)
                        SMT.VINITHA.B, GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, ALONG WITH WP(C).3876/2021(H), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C).Nos.1535 & 3876 OF 2021

                                   2

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.3876 OF 2021(H)


PETITIONERS:

      1        CHERANELLOOR GRAMA PANCHAYAT,
               REPRESENTED BY ITS SECRETARY, SOUTH CHITTOOR,
               ERNAKULAM DISTRICT, PIN-682 027.

      2        THE SECRETARY,
               CHERANELLOOR GRAMA PANCHAYAT, SOUTH CHITTOOR,
               ERNAKULAM DISTRICT, PIN-682 027.

               BY ADV. SRI.T.K.AJITHKUMAR (VALATH)

RESPONDENTS:

      1        THE KERALA WATER AUTHORITY,
               REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN,
               KERALA WATER AUTHORITY, VELLAYAMBALAM,
               THIRUVANANTHAPURAM-695 033.

      2        THE EXECUTIVE ENGINEER,
               KERALA WATER AUTHORITY, PUBLIC HEALTH DIVISION,
               JALABHAVAN CAMPUS, KOLLAM-691 013.      *[CORRECTED]

               *THE WORD 'KOLLAM' STANDS CORRECTED AS 'ERNAKULAM'
               AS PER ORDER DATED 18-02-2021.

      3        THE ASSISTANT EXECUTIVE ENGINEER
               KERALA WATER AUTHORITY, PALLIMUKKU,
               KOCHI-682 016.                           *[CORRECTED]

               *THE WORD 'PALLIMUKKU' STANDS CORRECTED AS 'KALOOR'
               AS PER ORDER DATED 18-02-2021.

      4        THE CHIEF ENGINEER,
               CENTRAL ZONE, ERNAKULAM, KERALA WATER AUTHORITY,
               ERNAKULAM, KOCHI-682 018.
 WP(C).Nos.1535 & 3876 OF 2021

                                3

      5      THE DISTRICT COLLECTOR,
             ERNAKULAM, CIVIL STATION, KAKKANAD, KOCHI - 682030.

             BY ADVS. SRI.P.BENJAMIN PAUL, SC, KWA
                      SMT.VINITHA.B, GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, ALONG WITH WP(C).1535/2021(N), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C).Nos.1535 & 3876 OF 2021

                                  4




                               JUDGMENT

The writ petitions are filed

complaining scarcity of water in

Cheranalloor Panchayat.

2. Various interim orders were passed by

this Court directing the respondents to

resolve the scarcity of water after

conducting inspection and also by providing

water supply through Tanker lorries.

3. The learned Standing Counsel submits

that the problem relating to scarcity of

water has been solved. It is submitted that

there was a joint inspection of public taps

in various wards of the Panchayat and

appropriate action was taken for the

unhindered flow of water to see that there

is no hindrance to the flow of water. WP(C).Nos.1535 & 3876 OF 2021

The writ petitions are closed

accordingly, recording the submission of

the learned Standing Counsel. Sd/-

P.V.ASHA JUDGE ww WP(C).Nos.1535 & 3876 OF 2021

APPENDIX OF WP(C) 1535/2021 PETITIONER'S EXHIBITS:

EXHIBIT P1 COPY OF NEWS PAPER REPORT PUBLISHED BY MALAYALA MANORAMA DAILY ON 15.01.2021.

EXHIBIT P2 COPY OF NEWS PAPER REPORT PUBLISHED BY MALAYALA MANORAMA DAILY ON 16.01.2021. WP(C).Nos.1535 & 3876 OF 2021

APPENDIX OF WP(C) 3876/2021 PETITIONERS' EXHIBITS:

EXHIBIT P1 PHOTO COPY OF THE NEWS PAPER REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 15.01.2021.

EXHIBIT P2 THE PHOTO COPY OF THE NEWS REPORTED IN MALAYALA MANORAMA DAILY DATED 16.01.2021.

EXHIBIT P3 THE TRUE COPY OF THE ORDER DATED 25.01.2021 IN WP(C) NO. 1535/2021.

EXHIBIT P4 THE TRUE COPY OF THE LETTER DATED 26/2/2021 ISSUED BY THE 2ND PETITIONER.

EXHIBIT P5 THE TRUE COPY OF THE LETTER DATED 27/2/2021 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P6 THE PHOTOGRAPH SHOWING THE POURING OF WATER TO THE PIPELINES.

EXHIBIT P7 THE TRUE COPY OF THE LETTER DATED 3/3/2021 ISSUED BY THE 2ND PETITIONER.

EXHIBIT P8 THE TRUE COPY OF THE BILL DATED 5/2/2021 ISSUED BY THE 2ND RESPONDENT.