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2026 Supreme(Online)(Ker) 5062

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P. V. BALAKRISHNAN, JJ
BOBY ABRAHAM – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.DINESH R.SHENOY, SMT.SHANTHIPRIYA D. SHENOY, SHRI.MOHAMED SHALI NAMSHAD
For the Respondents: ADV.GEORGE JOHNY SC, ADV.SUNILKUMAR KURIAKOSE GP, ADV.DAISY A.PHILIPOSE

JUDGMENT

P.V.BALAKRISHNAN,J This intra court appeal is filed by the petitioners in W.P.

(C)No.22922/2025 challenging the judgment dated 9.9.2025 passed by the learned Single Judge dismissing their writ petition.

2. The facts in brief, as are necessary for the disposal of this writ petition, are as follows:

The appellants are permanent residents of the 3rd respondent Panchayat, which is facing acute drinking water shortage. Respondents 1,4 and 5 envisaged a project under the name 'Jal Jeevan Mission' for a permanent solution to water woes in the 3rd respondent Panchayat and it was proposed to construct an overhead water tank, with 9 lakhs litres capacity at Kolkunnumala or Mandalam Mala, along with other infrastructure. It is the case of the appellants that subsequently the authorities decided to construct the overhead water tank in Mandalam Mala, by excluding Kolkunnumala, in the properties of respondents 9 to 11. It is alleged that the properties of respondents 9 to 11 was thus identified on the basis of ulterior motives and on the influence of respondents 13 and 14. According to the appellants, Mandalam Mala is not at all suitable for construction of the overhead tank and it is Are

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