Farmers petitioned for delivery of irrigation water via the PeruvembaVeliyanchathanur Main Canal. The Court closed the writ petition noting the onset of monsoon rendered the relief moot, as an interim order was already in force.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940
WP(C).No. 170 of 2018
PETITIONER(S)
VILAYANCHATHANUR, VILAYANOOR POST,
BY ADVS.SRI.P.B.KRISHNAN
SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SRI.S.NITHIN (ANCHAL)
RESPONDENT(S):
1. STATE OF KERALA
2. THE EXECUTIVE ENGINEER CHITTURPUZHA PROJECT, AMBATTUPALAYAM,
3. THE ASSISTANT EXECUTIVE ENGINEER CHITTURPUZHA PROJECT, AMBATTUPALAYAM,
4. THE DISTRICT COLLECTOR CIVIL STATION, PALAKKAD-678 001.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-06-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 170 of 2018 (U)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 DATED 12-4-2016, TRUE COPY OF THE BASIC TAX RECEIPT NO. 7788585 ISSUED TO PETITIONER NO.1 EXHIBIT P2 DATED 7-4-2017, TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO PETITIONER NO.1 EXHIBIT P3 DATED 27-4-2017 TRUE COPY OF THE BASIC TAX RECEIPT NO.8073875 ISSUED TO PETITIONER NO.2 EXHIBIT P4 DATED 28-4-2017, TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO PETITIONER NO.2 EXHIBIT P5 DATED 20-2-2010, TRUE COPY OF GO(MS)NO.15/2010/WRD, ISSUED BY RESPONDENT NO.1
RESPONDENT(S)' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
SPV
SHAJI P. CHALY, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 170 of 2018
- - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of June, 2018
J U D G M E N T
This writ petition is filed by the petitioners, who are farmers seeking the following reliefs:-
“(i) Issue a writ of Mandamus or any other appropriate writ, order or direction directing the respondents to deliver water to the paddy fields of the petitioners through the PeruvembaVeliyanchathanur Main Canal forthwith;
(ii) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondents to deliver water for irrigation to the various areas falling within the command area of the Chitturpuzha Project strictly adhering to Rule 11(1) and (m) of the Rules for the regulation and distribution of water for Chitturpuzha Irrigation Project, 2010;
(iii) Grant the petitioners such other appropriate relief that this Hon'ble Court may deem and proper;
iv) Award the petitioners the costs of this Writ Petition.”
The issue raised in this writ petition is in respect of misuse of water by the respondents otherwise than for agricultural purposes. When this writ petition was admitted to the files of this Court, an interim order was passed on 04.01.2018, directing respondents 2 to 5 to ensure that, sufficient water is supplied to
W.P.(C) No.170 of 2018
-:2:-
the petitioners in accordance with the provisions contained under Ext.P5 Rules for the Regulation and Distribution of water for Chitturpuzha Irrigation Project, 2010. The interim order was extended subsequently and which is in force. However, due to the onset of monsoon, I do not think that, the reliefs sought for by the petitioner in the writ petition any more survives. Therefore, the writ petition is closed.
Sd/-
SHAJI P. CHALY JUDGE
SPV/13.06.2018
//TRUE COPY//
PA TO JUDGE
Rajesh C.R.
Narayanankutty P
State of Kerala
The Executive Engineer Chitturpuzha Project
The Assistant Executive Engineer Chitturpuzha Project
The District Collector Civil Station
Shaji P. Chaly
As recorded by the court registry
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