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2022 Supreme(Online)(KER) 40990

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 17TH DAY OF AUGUST 2022 / 26TH SRAVANA, 1944 WA NO. 1088 OF 2022 AGAINST THE ORDER IN WP(C) 12595/2022 OF HIGH COURT OF KERALA APPELLANT/S:

1 UNNIKRISHNAN THIRULI , AGED 54 YEARS S/O. LATE, KUNJIRAMAN NAIR AGED 54 YEARS, KEDARAM, OTTAMAVULLATHIL THUVVAKKODE (P.O), CHEMANCHERY KOZHIKODE DISTRICT.

2 MAHESH KUMAR P.

S/O. MADHAVAN NAIR AGED 41 YEARS, PICHAKASSERY HOUSE THUVVAKKODE (P.O), CHEMANCHERY KOZHIKODE DISTRICT. 673304. 3 MAHIMA M.S.

D/O.LATE T.P. SREEDHARAN NAIR, AGED 41 YEARS, SREEMALARI, KOLAKKAD THUVVAKKODE (P.O), CHEMANCHERY, KOZHIKODE DISTRICT. 613304

4 MUHAMMED SHAJI, AGED 39 YEARS S/O. HASSAN, KATTILEKUTTI HOUSE, KOLAKKAD, THUVVAKKODE (P.O), CHEMANCHERY, KOZHIKODE DISTRICT. 613304

5 SUKUMARAN O.M.

AGED 56 YEARS S/O. LATE GOPALAN,OTTAMAVULLATHIL, THUVVAKKODE (P.O), CHEMANCHERY, KOZHIKODE DISTRICT.673304.

6 SANKARAN NAIR, AGED 73 YEARS S/O. UNNI NAIR,KALARIYULLATHIL HOUSE, KOLAKKAD THUVVAKKODE (P.O), CHEMANCHERY, KOZHIKODE DISTRICT. 613304.

7 SAJEEVAN O.M.

AGED 44 YEARS S/O. SUKUMARAN NAIR,OTTAMAVULLATHIL HOUSE, THUVAKKODE (P.O), CHEMANCHERY, KOZHIKODE DISTRICT. 673304.

8 RAJAN O.M.

S/O. NARAYANAN NAIR AGED 60 YEARS, OTTAMAVULLATHIL HOUSE,THUVVAKKODE (P.O), CHEMANCHERY, KOZHIKODE DISTRICT. 673304.

9 DINESAN E.K.

AGED 48 YEARS S/O. LATE BHASKARAN, ERIKKULLAKANDI HOUSE, THUVVAKKODE (P.0), CHEMANCHERY, KOZHIKODE DISTRICT. 673364.

10 UNNI NAIR T.

S/O. ACHUTHAN NAIR AGED 69 YEARS, THAYYIL HOUSE, KOLAKKAD THUVVAKKODE (P.O), CHEMANCHERY, KOZHIKODE DISTRICT 613304 .

BY ADVS.

K.V.BHADRA KUMARI BYJA E.G.

RESPONDENT/S:

1 CHEMANCHERY GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, OFFICE OF THE CHEMANCHERY GRAMA PANCHAYATH, OFFICE CHEMANCHERY P.O), KOZHIKODE DISTRICT, PIN:

673304.

2 SECRETARY CHEMENCHERY GRAMA PANCHAYATH,CHEMANCHERY (P.O), KOZHIKODE DISTRICT, PIN:673304.

3 DISTRICT OFFICER, GROUND WATER DEPARTMENT, DISTRICT OFFICE OF THE GROUND WATER DEPARTMENT, CIVIL STATION (P.O), B BLOCK, 6TH FLOOR, KOZHIKODE-673020.

4 CHIEF ENGINEER, KERALA WATER AUTHORITY, NORTHERN REGION, KOZHIKODE 673603.KOZHIKODE DISTRICT, PIN:673603.

BY ADVS.

T.M.KHALID SRI. VINOD SINGH CHERIAN AND SMT. SUSMITHA K.P FOR R1 AND R2, SRI. V.V.JOSHY, SC FOR KWA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON

17.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

S. Manikumar, C. J.

Before the writ court, petitioners have sought for the following reliefs:-

“i) To issue a Writ in the nature of Mandamus, or any other Writ; Order or Direction directing the 1st & 2nd respondents to stop the implementation of proposed 'Ayachira drinking water project' by constructing a deep well in Exhibit P4 land in the 5th ward of the 1st respondent Panchayath;

ii) To issue a Writ in the nature of Prohibition prohibiting the 1st respondent Panchayath from constructing the proposed well in Exhibit P4 property for the implementation of Ayachira drinking water project;

(ii) (a) To call for the records leading to the issuance of Exhibit P12 order passed by the 2nd respondent and quash the same by issuing a Writ in the nature of Certiorari;

(ii) (b) To declare that Exhibit P12 order passed by the 2nd respondent is illegal and arbitrary and hence liable to be set aside;

iii) To issue a Writ in the nature of Mandamus, or any other Writ; Order or Direction directing the 1st & 2nd respondents to make arrangements for supplying drinking water to the needy families through the already started project of 'Jalajeevan Mission' implemented by 4th respondent from the plant Peruvannamuzhi near the dam;

iv) To issue a Writ in the nature of Mandamus, or any other Writ; Order or Direction directing the 1st respondent Panchayath to complete the construction of Thadayana, which has not been completed so far, in order to prevent the salt water entry to the existing wells of the families nearby to the river and thereby to prevent the water in the wells becoming undrinkable, instead of starting the new drinking water project in the 5th ward of 1st respondent Panchayath, namely 'Ayachira drinking water project';

v) To issue a direction to the 2nd respondent to consider and pass orders on Exhibit P11 representations filed by the petitioners and other residents of the 1st respondent Panchayath.”

2. Short facts leading to the filing of the writ petition are as hereunder:-

a) According to the petitioners, they are residents of Ward No. 5 of Chemanchery Grama Panchayat, 1st respondent. Petitioners are aggrieved by the action of the 1st respondent Panchayat to proceed with the construction of a deep well in the 5th ward of the 1st respondent Panchayat for 'Ayachira Drinking Water Project'. Petitioners have submitted representations requesting the 1st respondent to make arrangement for implementing the drinking water project, 'Jalajeevan Mission', for supplying drinking water from Peruvannamuzhi dam, implemented by the Central Government, through Kerala Water Authority.

b) Petitioners have submitted that Jalajeevan Mission Project has already been started proceedings, for supplying drinking water from Peruvannamuzhi dam, to the neighbouring Panchayats and the 1st respondent Panchayat is also a beneficiary of the said project. But the 1st respondent Panchayat is trying to implement a Project, namely Ayachira Drinking Water Project, by way of constructing a well having width 4 meters and depth 8 meters, adversely affecting the water availability to the petitioners' wells and wasting public money also. Petitioners have apprehend that if the said well is constructed, their wells will suffer scarcity of water during the summer season.

c) Petitioners have further submitted that in their locality, during the summer season, water in the wells of the local residents used to become undrinkable, due to the entry of salt water from the neighbouring river. In order to prevent the entry of salt water to the wells existing in the surroundings of the river, though the 1st respondent Panchayat has started a project of constructing Thadayana, it has not yet been completed. Instead of completing the construction of Thadayana, the 1st respondent Panchayat has decided to start another project, by spending a lot of public money, without considering the harm to be caused to the nearby existing wells, by way of constructing the said well. But without cons

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