Important Point:
A mandamus is available against any public authority including administrative and local bodies, and it would lie to any person who is under a duty imposed by a statute or by the common law to do a particular act. In order to obtain a writ or order in the nature of mandamus, the applicant has to satisfy that he has a legal right to the performance of a legal duty by the party against whom the mandamus is sought and such right must be subsisting on the date of the petition -The duty that may be enjoined by mandamus may be one imposed by the Constitution, a statute, common law or by rules or orders having the force of law.

JUDGMENT :

SHAJI P.CHALY, J.

This Public Interest Litigation is filed by a Social worker basically contending that the main pipeline starting from water treatment plant at Aluva and ends at Thammanam Booster tank laid through the pipeline road, maintained by the Kerala Water Authority is under danger due to plying of heavy vehicles. It is submitted that since the pipeline is drawn underground, the Kerala Water Authority published a notice prohibiting plying of vehicles through the pipeline road. The pipeline road is maintained by the Kerala Water Authority and the plying of heavy vehicles through the pipeline road is restricted by putting up barricades at the entrance of pipeline junction at Palarivattom and at the entrance of National Highway 47 and other areas of the road interceptions. According to the petitioner, number of godowns are functioning by the side of the pipeline road and large number of loaded lorries are plying through the pipeline road for the purpose of loading and unloading goods at the godowns situated by the side of the pipeline road. Exts.P1 and P2 are the photographs showing the restriction imposed by the Water Authority and the plying of lorries and existence of godowns. Therefore, according to the petitioner, due to the plying of heavy loaded lorries, there is likelihood of breakage of the main pipeline, through which water is pumped from the river Periyar at Aluva and to the Booster tank situated at Tammanam within the limits of the Cochin Corporation. It is also pointed out that the pipeline road is passing through the Choornikkara Panchayat, Aluva Municipality, Kalamassery Municipality, Thrikkakara Municipality and the Cochin Corporation limits. It is the contention of the petitioner that the Kerala Water Authority as well as respective local bodies are not taking any action so as to prevent plying of the heavy loaded lorries through the pipeline road. It is also submitted that even though Water Authority have put up cross bars and concrete barricades restricting the entry of goods vehicles, they are destroyed by the interested persons who are carrying with godown activities using the pipeline road at various places. Therefore, it is submitted there is every likelihood of breakage of the water main and if anything happens it will cause irreparable loss and injury to the people residing in the locality of the local bodies referred to above, and will absolutely disrupt the water supply to several of the areas including the Cochin Corporation. Therefore, seeks the following reliefs.

(i) Issue a writ of mandamus or any other writ, order, or direction by directing the 1st and 2nd respondents to implement of order of prohibition of plying of the heavy vehicles through pipeline road starts from water treatment plant at Aluva and ends at Thammanam Booster tank at Ernakulam.

(ii) Issue a writ of mandamus or any other writ, order, or direction by directing the 3rd respondent to cancel the licence granted to the buildings functioning as the godowns at pipeline road .

(iii) Issue any other writ, order or direction as this Hon'ble Court deem fit and proper in the circumstances of the case.

2. Kerala Water Authority has filed a detailed counter affidavit basically approving the contentions put forth by the petitioner and among other contentions it is stated that Aluva water treatment plant is the main source of drinking water for Greater Cochin area, and Kochi Corporation, and further, supply to areas of nearby local bodies, also is carried out through the transmission lines laid beneath the pipeline road from Aluva treatment plant to Samskara Junction and reaching upto KSRTC bus stand. Two transmission lines made of cast iron of 900 mm and 1050mm diameters, and a MS pipe with 1200 mm are laid through the pipeline road for the purpose, and the pipelines are passing through Choornikara Panchayat, and Aluva, Kalamassery and Thrikkakara Municipalities and Kochi Corporation. It is also submitted that the Kerala Water Aut