The court held that the petitioners have a legal right of navigation along the canal and the respondents have no legal authority to suspend or prevent navigation in the canal. The court directed the authorities to complete the work by a specified date and keep the canal open for navigation from that date. The court also directed the Public Health Engineering Department to evolve methods to ensure that navigation is not obstructed in similar cases.

1. Two persons, who are owners of saw mills situated on the side of the Conolly Canal in Calicut District seek a writ of mandamus in this petition for directing the Kerala State and the Public Health Engineering authorities to refrain from blocking the navigational facility under the Mooriad Bridge in the canal and also to quash the order prohibiting the traffic in the canal under the Bridge.

2. Conolly canal is a tidal and navigable public water way. This canal was constructed under the orders of Mr. Conolly, then Collector of Malabar and was completed in the year 1848. There are a number of saw mills, some tile factories and other industrial establishments by the side of the canal on the northern side of the Mooriad Bridge. A large number of workmen employed in the various industrial establishments by the side of canal are depending for their livelihood on the working of these establishments. The canal also serves as an outlet for the discharge of flood water to the connecting rivers. It is also declared as a Navigational Canal by a notification issued under the Madras Canals and Public Ferries Act (Act 2 of 1890).

3. The canal which flows north-south divides the thickly populated areas of the Calicut Corporation into two parts The most thickly populated area as also the industrial and commercial area lies to the west of the canal. The mam let out for the finished products of the various industrial establishments on the side of the canal is through this water way which joins the Kallai river and then tails into the Arabian Sea. Mooriad Bridge is at a distance approximately hall a kilometre from the junction of the Conolly Canal and the Kallai river. The finished goods are brought by country crafts through the canal and a good quantity of the goods are taken to places on the sea coast like Bombay through the Sea.

4. The petitioners allege that they are sending large quantities or timber sized in their saw mills to places like Bombay, Saurashtra etc. They are also said to receive orders for sizing timber meant for export to the Gulf countries. The timber sized in their mills are brought south along the Conolly Canal, then taken along the Kallai river to the Sea and taken to various places by country crafts through the sea.

5. The petitioners state that they are completely depending on the navigational facility through the Conolly Canal for the conduct of their business. Therefore it the navigation along the canal is blocked, the petitioners would have no alternative except to completely close down their business as there will be no way for them to take their finished goods to the market Moreover it is their case that the timber to be sized in their saw mills are brought through the Kallai river and the Conolly Canal to their saw mills According to the petitioners thus irreparable injury would be caused to the petitioners if the navigational facilities in the canal are closed.

6. For water supply purposes a pipe line is to be laid at an approximate height of about 4.5 metres above the water level in the canal and for this purpose there is necessity for construction of a small concrete bridge having a width of about 5 feet by the side of the Mooriad Bridge. The intake, treatment plant and reservoir of the Public Health Engineering Department lie to the east of the canal while as stated earlier the populated industrial and commercial area lies to the west of the canal. The water supply mains from the reservoir have therefore to cross the Conolly Canal at five different points to feed the heart of the Calicut City and also to complete the loop of the distribution system. The pipe line crossing at Mooriad is one of the five important mains. It might be noted, as appears from the pleadings of the respondents in this case that the Calicut Water Supply Scheme is one carried out by the Public Health Engineering Department with the aid of the Life Insurance Corporation of India to cater to the needs of 3.34 lakhs of people in the