Kerala High Court
Gangadharan Nair vs State Of Kerala on 8 November, 2024
2024:KER:83304
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
WP(C) NO. 7040 OF 2024
PETITIONER/S:
GANGADHARAN NAIR,
AGED 73 YEARS
S/O NARAYANAN NAIR, PALLATH HOUSE, MALAAMKUNNU, MUKKOM, MYSOREMALA
P.O., KOZHIKODE DISTRICT- 673602 PRESENTLY RESIDING AT PALLATH
HOUSE, KALARIKANDY, KUMARANELLUR PO, KOZHIKODE, PIN - 673602
BY ADVS.
A.RANJITH NARAYANAN
A.SIMI
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY,LOCAL SELF GOVERNMENT (RURAL) DEPARTMENT,
ROOM NO. 404A, 4TH FLOOR, ANNEX I, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE ASSISTANT ENGINEER,
LSGD SECTION, KARASSERY GRAMA PANCHAYAT, KARASSERY P.O., MUKKOM,
KOZHIKODE, PIN - 673602
3 THE PRESIDENT,
KARASSERY GRAMA PANCHAYAT, KARASSERY P.O., MUKKOM, KOZHIKODE,
PIN - 673602
4 KARASSERY GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, KARASSERY P.O., MUKKOM, KOZHIKODE,
PIN - 673602
5 THE DEPUTY DIRECTOR OF PANCHAYAT,
CIVIL STATION, KOZHIKODE, PIN - 673020
6 THE DISTRICT JOINT DIRECTOR,
LSGD, CIVIL STATION, KOZHIKODE, PIN - 673020
7 THE DISTRICT COLLECTOR (KOZHIKODE),
COLLECTORATE OFFICE, CIVIL STATION, KOZHIKODE, PIN - 673020
8 THE ASSISTANT ENGINEER,
KERALA WATER AUTHORITY, KODUVALLY P.O., KOZHIKODE, PIN - 673572
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WP(C) NO. 7040 OF 2024
2
BY ADVS.
PRASHANTH KUMAR G.C.(SC)
P.M.JOHNY
R.SUDHISH
M.MANJU
SMT.DEVI SHRI R., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.11.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 7040 OF 2024
3
MOHAMMED NIAS C. P. , J.
.................................................
W. P. (C) No. 7040 OF 2024
.......................................................
Dated this the 08th day of November, 2024
JUDGMENT
The petitioner filed this Writ Petition aggrieved by the
drawing of a water pipeline through the centre of his property by
the 3rd and 4th respondents. The learned counsel for the petitioner
submits that the pipeline was fitted several years back on the
assurance that it would be shifted from his property within a short
time as soon as funds were provided, as the same was only a
makeshift arrangement.
2. The prayer in the Writ Petition is to direct the panchayat
forthwith to shift the water pipeline lying through the petitioner's
property situated in ward No.10 of Karassery grama panchayat,
Kozhikode to the adjacent public pathway lying on the eastern side
of the petitioner's property.
3. A counter affidavit has been filed on behalf of respondents
3 and 4, stating that the petitioner had earlier filed a complaint
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WP(C) NO. 7040 OF 2024
before the Ombudsman for the Local Self-Government Institutions,
wherein the panchayat had appeared and submitted that a
subcommittee was appointed for a detailed study with respect to
the shifting of the existing pipeline. The Ombudsman had granted
three months for shifting the pipeline. It is stated that the shifting
of the existing pipes from the petitioner's property, where only
rubber cultivation is present would stop the availability of
drinking water to other persons.
4. The learned counsel for the panchayat submits that steps
have been taken and the existing pipeline will be shifted within a
period of six months. This submission on behalf of the panchayat
is recorded. Accordingly, there will be a direction to respondents 3
and 4 to take such steps to shift the existing pipeline from the
petitioner's property, situated in Ward No.10 of Karassery grama
panchayat, Kozhikode, within six months from today.
The Writ Petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
JJ
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WP(C) NO. 7040 OF 2024
APPENDIX OF WP(C) 7040/2024
PETITIONER EXHIBITS
TRUE COPY OF THE SKETCH PREPARED BY THE
Exhibit P1 PETITIONER
TRUE COPY OF THE REPRESENTATION DATED
21/03/2022 SUBMITTED BY THE PETITIONER TO THE
Exhibit P2
DISTRICT COLLECTOR
TRUE COPY OF THE ACKNOWLEDGMENT ISSUED FROM THE
Exhibit P3 OFFICE OF THE CHIEF MINISTER OF KERALA
TRUE COPY OF THE REPLY DATED 08/08/2022 TO THE
REQUISITION MADE BY THE PETITIONER UNDER THE
Exhibit P4
RTI ACT IN RESPECT OF HIS COMPLAINT
TRUE COPY OF THE REPRESENTATION DATED
25/01/2023 BY THE PETITIONER TO THE KARASSERY
Exhibit P5
GRAMA PANCHAYAT SECRETARY
TRUE COPY OF THE REPRESENTATION DATED NIL BY
THE PETITIONER TO THE DEPUTY DIRECTOR OF
Exhibit P6
PANCHAYAT, KOZHIKODE
TRUE COPY OF THE REPRESENTATION DATED NIL BY
Exhibit P7 THE PETITIONER TO THE STATE LSGD SECRETARY
TRUE COPY OF THE REPLY DATED 03/05/2023 ISSUED
BY THE SECRETARY, KARASSERY GRAMA PANCHAYAT, TO
Exhibit P8
THE PETITIONER
TRUE COPY OF THE REPLY DATED 09/05/2023 ISSUED
BY THE CHIEF MINISTER'S OFFICE TO THE
Exhibit P9
PETITIONER
TRUE COPY OF THE LETTER DATED 09/06/2023 ISSUED
BY THE SECRETARY KARASSERY GRAMA PANCHAYAT TO
Exhibit P10
THE PETITIONER
TRUE COPY OF THE COMPLAINT DATED 10/04/2023
PREFERRED BY THE PETITIONER BEFORE THE
Exhibit P11
OMBUDSMAN
TRUE COPY OF THE INTERIM ORDER DATED 14/09/2023
Exhibit P12 PASSED BY THE OMBUDSMAN
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WP(C) NO. 7040 OF 2024
TRUE COPY OF THE FINAL ORDER DATED 26/12/2023
Exhibit P13 PASSED BY THE OMBUDSMAN, LSGD
TRUE COPY OF THE REPRESENTATION DATED
15/02/2024 PREFERRED BY THE PETITIONER TO THE
Exhibit P14 ASSISTANT ENGINEER, WATER AUTHORITY, KODUVALLY
ALONG WITH THE ENDORSEMENT ON THE REVERSE SIDE
TRUE COPY OF THE PHOTOGRAPH OF THE WATER
Exhibit P15 PIPELINE THROUGH THE PETITIONER'S PIPELINE
TRUE COPY OF ANOTHER PHOTOGRAPH DISTINCTLY
Exhibit P16 SHOWING THE PIPELINE THROUGH HIS PROPERTY
