Aseesa Abdul Salam vs State Of Kerala
2022 Latest Caselaw 2449 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
                 THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                               &
                      THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
               FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
                                     WP(C) NO. 1773 OF 2022
PETITIONERS:


   1   ASEESA ABDUL SALAM, AGED 47 YEARS
       W/O.ABDUL SALAM, ARAKKAPPARAMBIL HOUSE, VACHAKKAL WEST, EDAVANAKKAD P.O.,
       ERNAKULAM DISTRICT, PIN-682 502.

   2   V.K.IQBAL, AGED 64 YEARS, S/O.KUNHIMUHAMMED, VADAKKUMCHERY HOUSE,
       EDAVANAKKAD P.O., ERNAKULAM DISTRICT, PIN-682 502.

        BY ADVS.K.I.ABDUL RASHEED
        DEEPA SASIDHARAN


RESPONDENTS:

   1   STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, WATER
       RESOURCES (WATER SUPPLY) DEPARTMENT, GOVERNMENT SECRETARIAT,
       THIRUVANANTHAPURAM-695 001.

   2   KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM P.O.,
       THIRUVANANTHAPURAM-695 033, REPRESENTED BY ITS MANAGING DIRECTOR.

   3   THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY,
       WATER SUPPLY DIVISION, KOCHI-682 031.

   4   THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PROJECT DIVISION,
       PERUMBAVOOR, PIN-683 542.

       BY SHRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY
       SRI.N.MANOJ KUMAR,SPL.GP FOR FINANCE(GP-15)

       SRI. K.R.RANJITH, GP FOR R1

       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.03.2022, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1773 OF 2022
                                        :: 2 ::



                                     JUDGMENT

Dated this the 4th day of March 2022

S.MANIKUMAR, C.J.

Being aggrieved by the inaction on the part of the respondents in

providing uninterrupted drinking water supply in Edavanakkad area,

instant writ petition is filed.

2. Reliefs sought for in the writ petition are as follows:

"i) issue a writ of mandamus or any other appropriate writs, order or direction directing the respondents to ensure uninterrupted water supply to the residents of the Edavanakkad Village without causing any hindrance to the supply of water to the overhead tank constructed in Edavanakkad Panchayat.

ii) issue a writ of mandamus any other appropriate writs, order or direction directing the respondents to implement the GIDA project promulgated in Ext.P2, for which crores of rupees has already been spent.

iii) issue a writ of mandamus any other appropriate writ, order or direction, directing the 3rd respondent o dismantle 192 public taps identified by the Panchayat and to reduce the monthly charges as requested in Ext.P4 and P5."

3. The first petitioner is the President and the 2 nd petitioner is the

Vice President of Edavanakkad Grama Panchayat, which is centrally located

among six Panchayats in Vypin island. Demographically it is the most

thickly populated island in the world. According to the petitioners, the

respondents promulgated two extensive drinking water projects to meet the

scarcity of water in the island, namely, GIDA aided water supply scheme to WP(C) NO. 1773 OF 2022 :: 3 ::

Elamkunnappuzha, Njarakkal and Nayarambalam Grama Panchayats and

Chowara Project.

4. On the basis of the averments, Mr.K.I.Abdul Rasheed, learned

counsel for the petitioners submitted that even though crores of rupees

have been spent for implementation of the GIDA aided scheme to the

southern Panchayats, the same did not materialise because of the

mismanagement and corruption of the authorities. This project was

promulgated about 10 years back on a project cost of Rs.25 crores. Now

because of the non implementation of this project, the pumping line to the

over head tank at Edavanakkad is being diverted to the distribution

network of other areas interrupting supply to the tank.

5. It is further submitted by learned counsel for the petitioners that

as per Chowara Project, water being pumped from Paravur Pump house will

be limited to the Panchayats situated at the northern segment, namely,

Pallipuram, Kuzhuppilly and Edavanakkad. The aim of this project is

uninterrupted supply of water to the Edavanakkad and Kuzhuppilly area

from the overhead tank, Edavanakkad and direct pumping from Paravur

Pump house to Pallipuram Panchayat area.

6. Another contention raised by the learned counsel for the

petitioners is that there are about 400 public taps in the area, maintenance WP(C) NO. 1773 OF 2022 :: 4 ::

of which is the duty of the Grama Panchayat. It has been realized that, there

is immense wastage of drinking water in this public tap due to various

factors such as irresponsible handling of taps and breakage of material by

anti-social elements. At the same time, Panchayat is paying Rs.1,40,875/-

every month as water charges to the respondents. According to the

petitioners since water connection has been provided to all the domestic

consumers, there is no necessity to retain many of the public taps any more.

Therefore, the Panchayat submitted Exts.P4 and P5 request to the third

respondent/the Executive Engineer to dismantle about 192 public taps, but

no action has been taken so far.

7. In the counter affidavit filed by respondents 2 to 4 [State of Kerala,

Water Resources (Water Supply) Department; Kerala Water Authority, Jala

Bhavan; the Executive Engineer, Kerala Water Authority, Water Supply

Division; the Executive Engineer, Kerala Water Authority, Project Division],

it is averred that as per the official records, there are 360 nos. public taps in

Eadvanakad Panchayath and as per the request of the Secretary,

Edavanakkad Grama Panchayath to discard 198 public taps, a joint

inspection will be conducted to identify the locations of taps to be discarded

and thereafter, the estimate will be submitted for the disconnection

activity. Upon remittance of the amount for disconnection of public taps, WP(C) NO. 1773 OF 2022 :: 5 ::

the same can be arranged. It is also averred that in case of water scarcity in

Edavanakkad panchayat due to water supply limitations, all possible efforts

will be taken to supply available water by overcoming the unexpected crisis

in the system. Relevant portion of the counter affidavit reads thus:

"4. It is submitted that the HUDCO aided Vypin component of Kochi Water Supply Augmentation Scheme includes the 800 mm dia MS pumping main from Pookkattupady junction in the pipeline road towards 27.20 Lakh Litre capacity Vaduthala Sump cum pumphouse wherefrom water is conveyed to the 50 LL capacity sump cum pumphouse at Puthuvypu through 630 mm dia HDPE pumping main. The daily receipt of water at Puthuvypu pumphouse is approzimately 9 mld which is distributed to Njarakkal and Elamkunnapuzha panchayath along with Fort Vypin Division no.1 of Kochi Municipal Corporation on alternate days. The GIDA aided water supply scheme to Elamkunnapuzha, Njarakkal and Nayarambalam Panchayats is being implemented by the Project Division, Perumbavoor. However the 13.8 Lakh Litre capacity Over Head Service Reservoir constructed under the GIDA scheme is utilised for water supply to Njarakkal and Elamkunnappuzha panchayats at present.

5. It is submitted that the water produced at Chowara Water Treatment Plant is conveyed to the 41 lakh litre sump cum pumphouse at North Paravoor and is distributed to Paravoor Municipality, Chendamangalam, Ezhikkara, Vadakkekkara, Chittattukara, Pallippuram, Kuzhuppilly, Edavanakkad, Nayarambalam and Njarakkal (Part) panchayaths. As there is severe water shortage in the area fed from the North Paravoor sump, Kerala Water Authority has taken earnest efforts for equitable and judicious supply to all the panchayaths. The water supply to Edavanakkad Grama panchayath is through old Vypin pumping main directly through the distribution network and through GIDA pumping main to OHSR At Edavanakkad.

6. It is submitted that as per the official records there are 360 nos. public taps in Edavanakad Panchayath and as per the request of the Secretary, Edavanakkad Gramapanchayath to discard 198 public taps, a joint inspection will be conducted to identify the locations of WP(C) NO. 1773 OF 2022 :: 6 ::

taps to be discarded and thereafter the estimate will be submitted for the disconnection activity. Upon remittance of the amount for disconnections of public taps the same can be arranged.

7. It is submitted that a proposal for the rehabilitation of Chowara Water Treatment Plant under Jal Jeevan Mission funding amounting Rs.482.50 Lakhs has got approval in the DWSM (District Water Supply and Sanitary Mission) meeting held on 29.12.2021. The proposal includes Improvements of 63 mld Water treatment Plant-filter media replacement, supply and erection of electromechanical components, provision for installation of dedicated feeder from KSEB Substation, Aluva to Chowara in order to overcome the power supply failure issues. These works will be executed under P.H.Division, Aluva and the expected time for competition is approximately 1 year. Upon completion of the rehabilitation works, the water availability to North Paravoor sump can be solved and all the areas fed from this sump included Edavanakkad panchayath will be benefitted. Also the new proposal of Construction of 143 mld Water Treatment Plant at Aluva will deliver more water to Puthuvypu pumphouse and the water scarcity of Elamkunnapuzha, Njarakkal and Nayarambalam can be solved in long run. However in case of water scarcity in Edavanakkad panchayat due to water supply limitations, all possible efforts will be taken to supply the available water by overcoming the unexpected crisis in the system."

8. A detailed reply affidavit has been filed on behalf of the petitioners

wherein it is averred that the respondents have no authority to collect

Rs.1,40,875/- every month, as water charges without acting up on Ext.P4

letter submitted by the Panchayat. Hence it is necessary to issue a direction

to collect water charges only in respect of 162 public taps available for

water supply.

9. Relevant portion of the reply affidavit reads thus:

"2) The averment in paragraph 3 of the counter affidavit filed by the respondents 2 to 4 that treated water from Water WP(C) NO. 1773 OF 2022 :: 7 ::

Treatment Plant at Chowara is collected at sump at North Paravur and pumped to Edavanakkad Panchayat area through old Vypin Pumping main and distributed directly through the distribution network and through GIDA pumping main to OHSR at Edavanakkad is not correct. If that was correct water would have been available every day but now it is available only for 8 hours on alternate days. It is submitted that, before the construction and utilization of 11.15 lakhs litres capacity OH water tank at Edavanakkad, water supply to the Pallipuram, Kuzhuppilly and Edavanakkad Panchayat area were carried out through the direct pumping from Paravur pump house to the common distribution networks. In this system acute shortage of water was experienced to the Edavanakkad Panchayat area since water was made available only after satisfying the requirement of Palipuram and Kuzhuppilly Panchayat area. Hence, the respondents at that time sanctioned the new projects for equitable supply to each panchayat area on zone wise.

3) It is submitted that as part of the project, an OH water tank having a capacity of 11.15 lakhs litres was constructed and pumping Iine laid about 7 years back in the property provided by the Edavanakkad Grama Panchayat with the financial assistance for Gosree Island Development Authority as also Fisheries Department. The projects aim an uninterrupted supply of water to the Edavanakkad and kuzhuppily area from OH tank, Edavanakkad and limiting direct pumping to the distribution networks from Paravur pump house to Pallippuram Panchayat area. On commissioning of the OH tank, Edavanakkad after closing the main line valves beyond the project area, water supply to the Edavanakkad Panchayat area was regular. After that, pumping line to OH tank, Edavanakkad was connected to the distribution networks of southern segments against the norms and project and restricted the pumping to the OH tank, Edavanakkad to 8 hours during alternate days. It is submitted that except the supply of 8 hours on alternate days, that too with interruption no supply of water made through the old Vypin pumping main as claimed by the respondents. The people in the village have staged so many agitations and the media are also frequently reporting the issue with due importance.

4) It is submitted that, earlier on 08/07/2005 the respondents had inaugurated the HUDCO Aided Vypin component of Kochi Water supply augmentation Scheme by WP(C) NO. 1773 OF 2022 :: 8 ::

utilizing crores of expenditure. As per this project, 10 MLD of water to be supplied to Puthuvype pump house from Vaduthala. But project did not meet the demands and serve the purpose of the scheme to the inhabitants of Vypin Island. Hence another two projects namely, 1) GIDA Aided water Supply Scheme to Elamkunnappuzha, Njarakkal and Nayarambalam and 2) Chowara project, for the rest of the area including Edavanakkad Panchayat, with a view to maintain and ensure equitable water supply in Vypin Island was sanctioned and started the work before 10 years. But, due to the inaction and lethargy of the respondents the GIDA project have not commissioned so far even though crores of Rupees have been spent. As per the GIDA Aided water Supply Scheme to Elamkkunnapuzha, Njarakkal and Nayarambalam, water being pumped from Puthuvype Pump House (collected from Vaduthala) will be utilized for the southern Panchayats namely Elamkunnapuzha, Njarakkal and Nayarambalam. According to the Kerala Water Authority this project is fulfilling the demands of water up to 2041.

5) It is clear from Ext.P3 that the Chowara project aims to supply 63 million litres of fresh waters to about 2.35 lakhs people in Paravur Municipality and adjoining panchayats of Ezhikkara, Kottuvally, Chandamangalam, Chittatukara, Vadakekara, Pallippuram, Edavanakkad and Kuzhuppilly Panchayats. However, in paragraph 5 of the counter affidavit it is stated that the water conveyed to sump cum pump house at North Paravur from Chowara Water Treatment Plant is now supplied to Nayarambalam and Njarakkal Panchayats considerably reducing the supply to the petitioners which is in violation of the project. The said area is part of the GIDA Aided Water Supply project from Puthuvype Pump House. But having spent crores of rupees the project is kept idle and it is the only reason for non supply of water and there is no scarcity of water in the Periyar river.

6) Regarding the averments in paragraph 6 of the counter affidavit it is submitted that the respondents have no authority to collect Rs.1,40,875/- every month as water charges without acting up on Ext.P4 letter submitted by the Panchayat. Hence it is necessary to issue a direction to collect water charges only in respect of 162 public taps available for water supply.

7) It is respectfully submitted that there is acute WP(C) NO. 1773 OF 2022 :: 9 ::

shortage of water in Edavanakkad Panchayat as there is only 8 hours pumping on alternate days. There is no supply through old Vypin pumping main and statement to that effect is absolutely incorrect. It is therefore necessary in the interest of justice to issue a direction to ensure the water supply by maintaining the pumping atleast for 8 hours everyday."

10. Heard the learned counsel for the parties and perused the

materials available on record.

11. It is evident from the statement of respondents 2 to 4 that a joint

inspection would be conducted by the respondents to identify the locations

of the taps to be discarded and thereafter, they will proceed with the

disconnection activity. Mr.K.I.Abdul Rasheed, learned counsel for the

petitioner requests for the conduct of joint inspection without any further

delay and that the petitioner would be satisfied with the same. Request of

the learned counsel for the petitioner is placed on record.

12. Mr.P.Benjamin Paul, learned Standing Counsel appearing for

respondents 2 to 4 submitted that the joint inspection would be conducted,

for which, they require three weeeks time. The said submission is also

placed on record.

13. Having regard to the limited prayer now made before this court,

we are of the view that there is no need to delve into the rival submissions

in the pleadings and the reliefs sought for. However, joint inspection as

stated in paragraph No.6 of the counter affidavit filed by respondents 2 to 4 WP(C) NO. 1773 OF 2022 :: 10 ::

should be conducted and completed within a period of three weeks and on

the basis of the joint inspection report, appropriate decision be taken by the

competent authorities to address the prayers sought for in this writ

petition. However, we have also noticed the stand of respondents 2 to 4 in

counter affidavit dated 9th February 2022 that all possible efforts will be

taken to supply the available water by overcoming the unexpected crisis in

the system.

With the above observation and direction, writ petition is disposed of.

sd/-

S.MANIKUMAR CHIEF JUSTICE

sd/-

SHAJI P. CHALY JUDGE jes WP(C) NO. 1773 OF 2022 :: 11 ::

APPENDIX

PETITIONERS' EXHIBITS:

Exhibit P1 TRUE PHOTOCOPY OF THE MEMENTO OF THE BEST PERFORMANCE AWARD ISSUED BY THE JAL JEEVAN MISSION TO THE EDAVANAKKAD GRAMA PANCHAYAT.

Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE PROJECT REPORT FOR THE SAID GIDA AIDED WATER SUPPLY SCHEME.

Exhibit P3 TRUE COPY OF DESCRIPTION OF CHOWARA PROJECT BY ITS AUTHORITIES IN THE YEAR 2003 WITH ENGLISH TRANSLATION.

Exhibit P4 TRUE COPY OF LETTER DATED 01.11.2021 SUBMITTED TO THE 3RD RESPONDENT WITH ENGLISH TRANSLATION.

Exhibit P5 TRUE COPY OF LETTER DATED 02.12.2021 SUBMITTED TO THE 3RD RESPONDENT WITH ENGLISH TRANSLATION.

Exhibit P6 TRUE COPY OF THE REPORT DATED 13/01/2022 APPEARED IN MATHRUBHUMI DAILY ALONG WITH ENGLISH TRANSLATION

// True Copy //

P.S. TO JUDGE