This writ petition sought directions for immediate completion of an augmentation scheme to provide drinking water to residents of Nemmara Panchayat. The Court directed the respondents to obtain necessary sanctions and complete water supply within three months.
Direction to obtain sanctions and complete water supply scheme within three months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 26TH DAY OF OCTOBER 2018 / 4TH KARTHIKA, 1940
WP(C).No. 9263 of 2018
PETITIONER/S:
1 R.SANKARA NARAYANAN S/O. RAMASWAMY MUDALIYAR, AGED 49 YEARS, THIRUTHAMPADAM, POTHUNDY, NEMMARA VIA.CHITTUR TALUK, PALAKKAD DISTRICT, PIN - 678 508.
2 BALAN S/O. PAZHANI, AGED 57 YEARS, OZHAVAPPADAM VEEDU, CHATHAMANGALAM, NEMMARA VIA, CHITTUR TALUK, PALAKKAD DISTRICT, PIN - 678 508.
3 VASUDEVAN S/O. AANDI, AGED 63 YEARS, CHATHAMANGALAM, NEMMARA VIA, CHITTUR TALUK, PALAKKAD DISTRICT, PIN - 678 508
BY ADVS. SRI.JACOB SEBASTIAN SMT.ANU JACOB SRI.K.V.WINSTON
RESPONDENT/S:
1 THE KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 050, REPRESENTED BY ITS MANAGING DIRECTOR.
2 THE EXECUTIVE ENGINEER PUBLIC HEALTH DIVISION, KERALA WATER AUTHORITY, KALMANDAPAM, PALAKKAD - 678 001.
3 THE DISTRICT COLLECTOR PALAKKAD, CIVIL STATION, PALAKKAD DISTRICT,
PIN - 678 001.
4 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
WP(C).No. 9263 of 2018
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5 NEMMARA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, NEMMARA, PALAKKAD, PIN678508.
R5 is impleaded as per order dated 13.4.2018 in I.A No.7088/18
BY ADV. SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY
OTHER PRESENT:
SR.GP B VINOD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 9263 of 2018
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JUDGMENT
Petitioners have approached this Court seeking directions to the respondents to provide supply of drinking water through pipelines to the petitioners who are residing in Ward Nos.12, 13 and 14 of Nemmara Grama Panchayat.
2. Heard the learned counsel for the petitioners and the learned Standing Counsel appearing for the respondent Authority.
3. It is submitted by the learned counsel for the petitioners that the petitioners who are residents of Ward Nos. No.12, 13, and 14 of Nemmara panchayat of Palakkad District are affected by drinking water shortage. It is stated that steps had been taken by the Water Authority to make available drinking water to the residents of the said wards but the work has not been completed.
4. A counter affidavit has been filed on behalf of the respondents 1 and 2 contending that the water supply scheme was commissioned in 1980 and the
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WP(C).No. 9263 of 2018
capacity of the existing scheme is 4.5 Million litres per day which is inadequate to cater to the present population. It is stated that supply of drinking water once in 3 days for few hours is being arranged in the present scheme. It is further stated that there is paucity of funds for the completion of the augmentation scheme with a capacity of 12.50 Million litres per day which, once completed, will provide adequate drinking water to the residents of the wards where the petitioners are staying.
5. It is not disputed before me that an
augmentation scheme is being implemented for the purpose of providing drinking water supply to the residents of the ward Nos.12,13 and 14 of the Nemmara Panchayat as well. I am of the opinion that appropriate steps are to be taken by the Water Authority to complete all necessary steps for the completion of the said scheme, at the earliest. It is submitted by the learned Standing Counsel that administrative and technical sanction for laying of 3.5 kms of pipeline is required for completion of the
WP(C).No. 9263 of 2018 proceedings.
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Having considered the contentions advanced on either side, there will be a direction to the competent among the respondents to take appropriate steps to see that all necessary sanctions are obtained at the earliest so that the augmentation scheme is implemented, to make available drinking water supply, without further delay. Necessary steps shall be completed and water supply shall be ensured within a period of three months from the date of receipt of a copy of this judgment
The writ petition is ordered accordingly.
Sd/
ANU SIVARAMAN
JUDGE
sab
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT. EXHIBIT P2 A TRUE COPY OF THE LETTER DATED FEBRUARY 28, 2018 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE NEWS REPORT IN THE MALAYALA MANORAMA DAILY DATED FEBRUARY 22, 2018.
3 issues framed by the court
Whether theKERALA WATER AUTHORITY should be directed to obtain sanctions and complete the augmentation scheme for drinking water supply without delay.
Whether appropriate steps are required to ensure water supply to residents of specific wards within three months.
Whether the authority should obtain necessary administrative and technical sanctions for pipeline laying to complete the scheme.
R. Sankara Narayanan & Ors.
The Kerala Water Authority
The District Collector Palakkad
State of Kerala
Nemmara Grama Panchayath
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
