Sathyan K.V vs State Of Kerala
2021 Latest Caselaw 8365 Ker

WP(C).No.31172 OF 2019(V)
                                        1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

                          WP(C).No.31172 OF 2019(V)


PETITIONER/S:

                SATHYAN K.V.
                AGED 62 YEARS
                S/O. K.V. NARAYANAN, VAYALILPURAYIL VEEDU, KOTTAM,
                MUNDALLOOR, PERALASSERY GRAMA PANCHAYATH, KANNUR
                DISTRICT, PIN-670 622

                BY ADVS.
                SMT.M.B.SHYNI
                SRI.DEEPAK RAJ
                SRI.FRANCIS MATHEW
                SHRI.SAREEN S.

RESPONDENT/S:

      1         STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
                IRRIGATION DEPARTMENT, SECRETARIAT,
                THIRUVANANTHAPURAM, PIN-695 001

      2         THE SECRETARY,PERALASSERY GRAMA PANCHAYATH, KANNUR
                DISTRICT, PIN-670 622

      3         SRI. JIJESH P,OTTAKANDATHIL HOUSE, P.O. MUNDALLOOR,
                SECRETARY, BENEFICIARY COMMITTEE, THUNDIYIL WATER
                IRRIGATION PROJECT, KOTTAM, MUNDALLOOR, KANNUR
                DISTRICT, PIN-670 655

                R2   BY   ADV.   SRI.P.U.SHAILAJAN
                R2   BY   ADV.   SRI.M.SURESH KUMAR
                R2   BY   ADV.   SRI.V.SREEJITH (K/1398/2000)
                R2   BY   ADV.   SMT.VIDYA KURIAKOSE

OTHER PRESENT:

                SMT.VINITHA.B, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.31172 OF 2019(V)
                                             2




                                        JUDGMENT

Dated this the 12th day of March 2021

The petitioner claims that there is a Water Irrigation

Project started in Peralassery Grama Panchayath in the year

1994-1995 and the residents of the Panchayath are getting water

under this project through beneficiary committee. It is stated

that as at present there are 20 consumers and petitioner is one

among them. However, petitioner submits that the water supply to

his residence is stopped on account of which petitioner and his

mother aged 92 years is put to serious hardship. According to

the petitioner all other members are provided with water supply.

The learned counsel for the petitioner submits that it is on

account of the personal grudge of the 3 rd respondent that the

supply is stopped/disconnected. It is also pointed out that the

3rd respondent has not been received the payment from the

petitioner even after he sent it by money order.

2. Even though notice is sent to the 3 rd respondent and

service is complete, there is no appearance for the 3 rd

respondent. When the matter came up for consideration on

10.02.2021 learned counsel for the Panchayath submitted that

Panchayath would accept the monthly contribution/charges which

are in arrears from the petitioner. Learned counsel for the

Panchayath submitted that the water supply was disrupted to the WP(C).No.31172 OF 2019(V)

petitioner's residence only because the petitioner did not remit

the contribution for the last more than one year and also

because of the dispute between the committee members and the

petitioner. Learned counsel for the Panchayath submits that

petitioner can remit the arrears with the Panchayath as a one

time measure and thereafter he can continue to make payment with

the committee. Therefore petitioner was permitted to make the

payment with the Panchayath.

3. Based on the interim order passed on 10.02.2021

petitioner remitted the arrears with the Panchayath. It is

stated that as at present water supply is restored. However

learned counsel for the Panchayath submitted that it is for the

beneficiary committee to receive the payment and to supply water

and petitioner has to make further payment to the beneficiary

committee.

In the above circumstances, there shall be a direction to

the beneficiary committee of Thundiyil Water Irrigation Project

Kottam to provide uninterrupted supply of water provided the

petitioner makes payment of monthly charges in due time to the

beneficiary committee. The beneficiary committee shall also

accept payment from the petitioner.

The Writ Petition is disposed of accordingly.

Sd/-

                                                             P.V.ASHA

rkc                                                               JUDGE
 WP(C).No.31172 OF 2019(V)



                            APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE LIST OF    BENEFICIARY   O
                     THUNIDYIL WATER PROJECT.

EXHIBIT P2           TRUE COPY OF THE PAPER PUBLICATION        IN
                     MATHRUBHUMI DAILY DATED 16/10/2017.

EXHIBIT P3           TRUE COPY OF THE COUNTER DATED 18/09/2018
                     BY THE 2ND RESPONDENT TO THE HONBLE
                     DISTRICT    LEGAL   SERVICE    AUTHORITY.
                     THALASSERY.

EXHIBIT P4           A TRUE COPY OF THE LAWYER NOTICE DATED

13.06.2019 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE REPLY DATED 26.06.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.