Remanded

C.S.Bhagavaldas v. State of Kerala

Kerala HC3 Mar 2020WP(C)/1691/2020

Case brief

AI extract

What is this about?

Allocation of irrigation water between the Moolathara canal systems was challenged by agriculturists. The court directed fresh governmental consideration within two months after hearing affected parties, addressing water needs, availability and canal coverage. Earlier sharing arrangements would continue meanwhile, without denying any canal water available for apportionment.

What did the court decide?

Fresh governmental hearing and reconsideration within two months of receipt of judgment; earlier sharing arrangements continued meanwhile, with no canal denied water available for apportionment.

C.S.Bhagavaldas Vs State of Kerala — Environment and Pollution | Kerala HC (2020)

¶1

W.P.(C).Nos.35252/19 & con.cases

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 03RD DAY OF MARCH 2020 / 13TH PHALGUNA, 1941

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WP(C).No.35252 OF 2019(F)

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PETITIONERS:

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1 RAJESH C.R., AGED 38 YEARS S/O.RADHAKRISHNAN, CHOROKODE KALAM, APPALAM, PERUVEMBA POST, PALAKKAD DISTRICT - 678 531.

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2 K.DEVADAS, AGED 65 YEARS

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S/O.KESU, CHIRAPOTTA PERUVEMBA POST, PALAKKAD DISTRICT - 678 531.

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BY ADVS. SRI.P.B.KRISHNAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SMT.B.ANUSREE SRI.MANU VYASAN PETER

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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W.P.(C).Nos.35252/19 & con.cases

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3 THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 001.

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4 THE CHIEF ENGINEER, PROJECT - I, CIVIL STATION, WATER RESOURCES DEPARTMENT, KOZHIKODE - 673 001.

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5 EXECUTIVE ENGINEER, CHITTURPUZHA PROJECT, CHITTUR, PALAKKAD DISTRICT - 678 101.

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6 KOCHUKRISHNAN, S/O.SIVARAMABHARATHY, ADVOCATE, KARAMPATTA HOUSE, KOZHINJAMPARA POST, PALAKKAD DISTRICT - 678 555.

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7 ADDL.R7.R.RAMESH AGED 50 YEARS S/O.T.RAKKUMUTHU, R V P PUDUR(PO), PALAKKAD DISTRICT-678555.

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8 ADDL.R8.R.C.SAMPATH KUMAR, AGED 43 YEARS, S/O.CHITHANDIAPPA GAUDER, R V P PUDUR.P.O., PALAKKAD DISTRICT-678555. (ADDL.R7 AND R8 ARE IMPLEADED AS PER ORDER DATED 03.03.2020 IN I.A.7/2020._

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R1-5 BY SRI.RANJITH THAMPAN,ADDL.ADVOCATE GENER R6 BY ADV. SRI.K.MOHANAKANNAN R6 BY ADV. SMT.A.R.PRAVITHA R6 BY ADV. SRI.H.PRAVEEN (KOTTARAKARA) R6 BY ADV. SRI.T.S.NEJIMUDDIN R6 BY ADV. SMT.T.V.NEEMA R7 BY ADV. SINDHU SANTHALINGAM R7 BY ADV. SRI.A.D.SHAJAN

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OTHER PRESENT:

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ADDL. AG. RENJITH THAMPAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.03.2020, ALONG WITH WP(C).35478/2019(H), WP(C).1691/2020(J), WP(C).1826/2020(C), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).Nos.35252/19 & con.cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 03RD DAY OF MARCH 2020 / 13TH PHALGUNA, 1941

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WP(C).No.35478 OF 2019(H)

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PETITIONERS:

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1 MUTHALAMTHODU MANI AGED 72 YEARS S/O.APPU, RESIDING AT MUTHALAMTHODU, VILAYODU.P.O., CHITTUR TALUK, PALAKKAD DISTRICT.

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2 SIVASANKARAN.P.C. AGED 64 YEARS S/O.P.K.CHAMUKUTTY, PANNIKODE KALAM, PANAYUR POST, POLPULLY, PALAKKAD DISTRICT.

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3 V.MAYAPPAN AGED 67 YEARS SON OF VELU, 'SREE PADMAM', KANAMPULLY, CHITTUR.P.O., PALAKKAD-678101.

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4 BHASKARADAS.P.R. AGED 73 YEARS S/O.N.RAMASWAMI UDAYAR, AOTTIKODE KALAM, VERUKOLI.P.O., POLPULLY, PALAKKAD DISTRICT.

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BY ADVS. SRI.K.RAMAKUMAR (SR.) SRI.S.M.PRASANTH SRI.G.RENJITH SMT.R.S.ASWINI SANKAR SRI.T.H.ARAVIND SRI.T.RAMPRASAD UNNI

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W.P.(C).Nos.35252/19 & con.cases

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE SECRETARY TO GOVERNMENT, WATER RESOURCES (INTER STATE WATER CELL) DEPARTMENT, GOVERNMENT OF KERALA,SECRETARIAT, THIRUVANANTHAPURAM-695001.

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3 THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM-695001.

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4 THE CHIEF ENGINEER, PROJECT I, CIVIL STATION, WATER RESOURCES DEPARTMENT, CALICUT-673001.

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5 THE DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD-678001.

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6 THE EXECUTIVE ENGINEER, CHITTUR PUZHA PROJECT, CHITTUR, PALAKKAD678101.

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7 THE EXECUTIVE ENGINEER, KURIARKUTTY KERAPARA IRRIGATION DIVISION, ATHILODE.P.O., (VIA) KOZHINJAMPARA, PALAKKAD DISTRICT-678554.

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8 KOCHUKRISHNAN, ADVOCATE, S/O.SIVARAMABHARATHY, KARAMPATTA HOUSE, KOZHIJAMPARA POST, PALAKKAD DISTRICT678555.

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9 K.V.SAMPATH KUMAR, S/O.VEERAMUTHU GOUDER, NEELAMKACHI VILLAGE, VANNAMADA POST, (VIA) KOZHIJAMPARA, CHITTUR TALUK, PALAKKAD DISTRICT-678555.

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W.P.(C).Nos.35252/19 & con.cases

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10 K.PARAMESWARAN, S/O.KUNJU THEKKACHAILA, VALIAVALLAMPATHY VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT678101.

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11 ABDUL GAFOOR, S/O.PAPPA SAHIB, CHELLAPATHA, VALLAVALLAMPATHY VILLAGE, (VIA) KOZHINJAMPARA, CHITTUR TALUK, PALAKKAD DISTRICT-678555.

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R1-4 BY GOVERNMENT PLEADER R8 BY ADV. SRI.K.MOHANAKANNAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.03.2020, ALONG WITH WP(C).35252/2019(F), WP(C).1691/2020(J), WP(C).1826/2020(C), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶59

W.P.(C).Nos.35252/19 & con.cases

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¶61

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 03RD DAY OF MARCH 2020 / 13TH PHALGUNA, 1941

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WP(C).No.1691 OF 2020(J)

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PETITIONERS:

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1 C.S.BHAGAVALDAS AGED 63 YEARS S/O.SANKARAN, CHERINKAL VEEDU, KARIPALLI.P.O., PATTANCHERY, PALAKKAD DISTRICT-678532

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2 K.KUTTAPPAN AGED 65 YEARS S/O.KUNJU, PULINCHIRA KALAM, KARIPALLI.P.O., PATTACHERY, PALAKKAD DISTRICT 678532

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BY ADV. SRI.BINOY VASUDEVAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY TO THE GOVERNMENT , GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001

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2 THE PRINCIPAL SECRETARY TO THE GOVERNMENT WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001

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3 THE CHIEF ENGINEER IRRIGATION AND ADMINISTRATION DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM-695033

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W.P.(C).Nos.35252/19 & con.cases

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4 THE CHIEF ENGINEER PROJECT 1, WATER RESOURCES DEPARTMENT, CIVIL STATION, KOZHIKODE, 673020

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5 THE EXECUTIVE ENGINEER CHITTUR PUZHA PROJECT, WATER RESOURCES DEPARTMENT, CHITTUR.P.O, PALAKKAD DISTRICT 678101

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6 SRI.K.KRISHNANKUTTY HON'BLE MINISTER FOR WATER RESOURCES AND IRRIGATION GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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7 KOCHUKRISHNAN S/O.SIVARAMA BHARATHY, ADVOCATE, KARAMPATTA HOUSE, KOZHINJAMPARA.P.O., PALAKKAD DISTRICT678555

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8 ADDL.R8.R.RAMESH AGED 50 YEARS S/O.T.RAKKUMUTHU, R V P PUDUR(PO), PALAKKAD DISTRICT-678555.

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9 ADDL.R9.R.C.SAMPATH KUMAR, AGED 43 YEARS, S/O.CHITHANDIAPPA GAUDER, R V P PUDUR.P.O., PALAKKAD DISTRICT-678555.

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(ADDL.R8 AND R9 ARE IMPLEADED AS PER ORDER DATED 03.03.2020 IN I.A.1/2020._

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R7 BY ADV. SRI.K.MOHANAKANNAN R8 BY ADV. SINDHU SANTHALINGAM R8 BY ADV. SRI.A.D.SHAJAN

¶84

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.03.2020, ALONG WITH WP(C).35252/2019(F), WP(C).35478/2019(H), WP(C).1826/2020(C), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).Nos.35252/19 & con.cases

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¶87

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 03RD DAY OF MARCH 2020 / 13TH PHALGUNA, 1941

¶91

WP(C).No.1826 OF 2020(C)

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PETITIONERS:

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1 KOCHUKRISHNAN AGED 69 YEARS S/O SIVARAMA BHARATHI, RESIDING AT KARAMPATTAHOISE, KOZHINJAMPRA PO, PALAKKAD DISTRICT -678555

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2 K.GOPALASWAMI, AGED 85 YEARS S/O.KUMARASWAMI GOUNDER, VANNAMADA P.O, VIA KOZHINJAMPARA, PALAKKAD DISTRICT

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3 K.JANARDHANAN, S/O.KUNJU, THEKKECHALLA, NATTUKAL P.O, KOZHINJAMPARA, PALAKKAD DISTRICT.

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BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.D.S.THUSHARA SRI.H.PRAVEEN (KOTTARAKARA) SRI.T.S.NEJIMUDDIN SMT.T.V.NEEMA

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001

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W.P.(C).Nos.35252/19 & con.cases

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2 THE PRINCIPAL SECRETARY TO GOVERNMENT WATER RESOURCES DEPARTMENT GOVERNMENT OF KERALA SECRETARIAT, THIRUVANANTHAPURAM-695 001

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3 THE PRINCIPAL SECRETARY TO GOVERNMENT WATER RESOURCES DEPARTMENT GOVERNMENT OF KERALA SECRETARIAT, THIRUVANANTHAPURAM-695 001

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4 THE CHIEF ENGINEER, PROJECT-1 CIVIL STATION, WATER RESOURCES DEPARTMENT, KOZHIKODE-673 003.

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5 THE EXECUTIVE ENGINEER, CHITTURPUZHA PROJECT, CHITTUR AMBATTU PALAYAM P.O, PALALKKAD DISTRICT-678178.

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6 MUTHALAMTHODE MANI, S/O. APPU, GENERAL CONVENOR, PARAMBIKULAM ALIYAR JALA SAMRAKSHANA SAMITHI, ANICODE JUNCTION, CHITTUR P.O, PALAKKAD RESIDING TO MUTHALAMTHODU, VILAYODI P.O, RESIDING AT MUTHALAMTHODU, VILAYODI P.O, CHITTUR TALUK, PALAKKAD DISTRICT-678 101

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7 RAJESH C.R, S/O.RADHAKRISHNAN, CHORAKODUKALAM, PERUVAMBA P.O, PALAKKAD DISTRICT-678 101

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8 ADDL.R8.R.RAMESH AGED 50 YEARS S/O.T.RAKKIMUTHU, R V P PUDUR (P.O.), PALAKKAD DISTRICT-678555.

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9 ADDL.R9.R.C.SAMPATH KUMAR, AGED 43 YEARS, S/O.CHITHANDIAPPA GAUDER, R V P PUDUR.P.O., PALAKKAD DISTRICT-678555.

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(ADDL.R8 AND R9 ARE IMPLEADED AS PER ORDER DATED 03.03.2020 IN IA.1/2010.)

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R6 BY ADV. SRI.K.RAMAKUMAR (SR.)

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W.P.(C).Nos.35252/19 & con.cases

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R6 BY ADV. SRI.S.M.PRASANTH R6 BY ADV. SRI.G.RENJITH R6 BY ADV. SMT.R.S.ASWINI SANKAR R6 BY ADV. SRI.T.H.ARAVIND R6 BY ADV. SRI.T.RAMPRASAD UNNI R7 BY ADV. SRI.P.B.KRISHNAN R7 BY ADV. SRI.P.B.SUBRAMANYAN R7 BY ADV. SRI.SABU GEORGE R7 BY ADV. SMT.B.ANUSREE R7 BY ADV. SRI.MANU VYASAN PETER R7 BY ADV. SMT.MEERA P. R8 BY ADV. SINDHU SANTHALINGAM R8 BY ADV. SRI.A.D.SHAJAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.03.2020, ALONG WITH WP(C).35252/2019(F), WP(C).35478/2019(H), WP(C).1691/2020(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).Nos.35252/19 & con.cases

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JUDGMENT

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[ WP(C).35252/2019, WP(C).35478/2019, WP(C).1691/2020, WP(C).1826/2020 ]

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Dated this the 3^rd day of March 2020

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1.These writ petitions pertain to the distribution of waters from Chitturpuzha in terms of the PAP.

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2.W.P.(C).No.35478/2019 is filed by agriculturists having landed properties in Chittur Taluk of Palakkad District. They challenge Exhibit P7 order passed by the Government by which sanction was accorded to allocate supply of water not exceeding 3 TMC for distribution through the Moolathara Right Bank Canal of the Project in the water year (July 1^st to June 30^th ) from the net realisation at Manakkadavu wier.

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3.W.P.(C).No.35252/2019 is also filed by agriculturists residing

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in the ayacut areas of the Moolathara Left Bank Canal challenging the very same order which was produced as Exhibit P14.

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W.P.(C).Nos.35252/19 & con.cases

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4.W.P.(C).No.1691/2020 is also filed by the agriculturists having paddy fields in Pattanchery village in Chittur Taluk. The source of water for cutlivating paddy is through the Kalinkal chira branch canal of the Moolathara left bank canal of the Parambikulam-Aliyar project (referred to as 'PAP' for short, hereinafter in the judgment).

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5.W.P.(C).No. 1826/2020 is filed by three persons holding lands in Kozhipathy village and Valiavallampathy village of Chittur Taluk, who are beneficiaries of the Moolathara Right Bank Canal Ayacut. They also challenge the very same Government Order in so far as it does not ensure the 3 TMC of assured water through the water year as was done in the earlier Government Orders of 1987

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6.Heard Sri.K.Ramakumar, the learned Senior Counsel

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appearing for the petitioners in W.P.(C).No. 35478/2019, Sri.P.B.Krishnan, the learned counsel appearing for the petitioners in W.P.(C).No. 35252/2019, Sri.Binoy Vasudevan,

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W.P.(C).Nos.35252/19 & con.cases

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the learned counsel for the petitioners in W.P. (C).No.1691/2020 and Sri.K.Mohanakannan, the learned counsel for the petitioners in W.P.(C).No.1826/2020 and Sri.Ranjith Thampan, the learned Additional Advocate General appearing for the official respondents. Sri.P.Santhalingam, the learned Senior Counsel appearing for the additional respondents in W.P.(C).No.1691/2020 & 1826/2020.

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7.The petitioners contend that they are agriculturists having landed properties in Palakkad District and that they depend on the water supply through the PAP project. It is stated that an agreement was entered into between the States of Kerala and Tamil Nadu named as the Parambikulam-Aliyar Project Agreement. The State of Kerala was entitled to 7.250 TMC of water to be distributed to the Moolathara Regulating System in Chittur Taluk. 7.250 TMC feet of water was exclusive of the unutilised flood waters. It is stated that the water year for the purpose of calculating the supply of water is from July 1^st to June 30^th .

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W.P.(C).Nos.35252/19 & con.cases

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8.It is submitted that the State of Kerala had issued a Government Order on 24.1.1987 providing for the instructions for distribution of the water to the Chitturpuzha Irrigation Project. It is stated that thereafter, taking note of the situation prevalent, a further Government Order had been issued after the approval of the Cabinet on 20.02.2010, revising the modalites for the sharing of the water, which was received under the PAP to the Moolathara Regulator,. It is submitted that an order was issued on 18.3.2019 amending Government Order No.96/2019/WRD dated 14.2.2019. The said order reads as follows:-

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“Government Order that the sentence starts with the word, “ the Chief Engineer, Project II shall ensure...”, occurring in paragraph 6 of the Government Order read above, shall be substituted with the sentence viz. “The Chief Engineer, Project II shall ensure that the supply of water be not exceed 3 TMC/year under any circumstances from the net realisation of water from PAP system (i.e.7.25 TMC and uncontrolled flood waters.)”.

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9.It is stated that the Government Order dated 18.3.2019 was challenged before this Court by the petitioners in W.P. (C).No.35478/2019 by filing W.P.(C).No.7145 of 2019. The writ

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W.P.(C).Nos.35252/19 & con.cases

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petition was disposed of directing that the matter shall be reconsidered after hearing the petitioners, party respondents or any other interested persons. Pursuant thereto, detailed representations have been preferred before the respondents. However, a further order came to be passed on 30.11.2019, providing for supply of water not exceeding 3 TMC for distribution through Moolathara Right Bank Canal of Chittupuzha Irrigation Project every water year from the net realisation at Manacadavu weir.

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10.It is contended by the learned counsel for the petitioners in W.P.(C).No.35478/2019, 35252/2019 and 1691/2019 that the allocation of 3 TMC of water to the Right Bank Canal System which has a length of only 15.3 kms and which covers less than 1/4^th of the population of the beneficiaries is completely illegal and unjustified. It is contended that none of the relevant aspects of the matter, including the necessity of water, the nature of the cultivation or the actual amount of water available for supply have been considered while passing the impugned order. It is stated that the decision has been

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W.P.(C).Nos.35252/19 & con.cases

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taken on completely extraneous considerations and with a view to make water available for a future project for expansion of the Right Bank Canal system which is not permissible at the expense of the agriculturists on the Left Bank Canal System.

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11.The learned counsel for the petitioner in W.P. (C).No.35252/2019 submits that the total release of water as per the PAP agreement for the period from January to March is only 1.820 TMC. It is stated that the rules framed on 24.1.1987 apply to the whole of the Chitturpuzha Irrigation Project comprising of the components and the ayacuts. It is stated that even in the Government Orders issued on 20.2.2010, the definition of the Ayacut was retained as in the 1987 Rules. It is further submitted that the impugned order is based entirely on a report of the Joint Director JWRB Division dated 14.11.2019 which is collected after the hearing conducted on 3.7.2019 and that the contents of the report were never put to the parties, nor is it produced alongwith the pleadings in the case. It is stated that the impugned order does not consider the representations and supplementry

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W.P.(C).Nos.35252/19 & con.cases

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representations of any of the parties, who were affected by the same and did not consider the contentions raised in hearing. It is further stated that in terms of length and ayacut, the Right Bank Canal system is only a small component of the project and the sanction of upto 41% of the water to the Right Bank Canal system is completely disproportionate. It is further submitted that the Rules of 1987 and the Government Order of February 2010 having been issued after two Cabinet sanctions, the amendment effected to the same without any such sanctions is completely illegal and violated of the Rules of business.

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12.Detailed counter affidavits had been placed on record by the respondents. The learned Additional Advocate General submits that the issue of sharing of river waters between canals under the PAP agreement is a purely administrative action which has been taken by the State Government, taking note of all the relevant factors involved. It is contended that the petitioners' contentions had been heard and considered and that absolutely no prejudice of any nature is being caused

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W.P.(C).Nos.35252/19 & con.cases

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to the petitioners who claimed to be agriculturists on the Left Bank ayacut by the apportionment of water to the rain shadow belt area comprising the right bank ayacut. It is stated that there is no assured water supply to the Right bank ayacut even going by the impugned orders and that the matter has been appropriately considered by the respondents. It is further contended that the Government Order dated 20.02.2010 was not one issued after obtaining cabinet sanction and that such, the said contention is also untenable.

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13.Sri.K.Mohanakannan, the learned counsel for the petitioners

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in W.P.(C).No.1826 of 2020 and the 6^th respondent in W.P. (C).No.35252/2019, submits that the petitioners in W.P.(C).No. 35252/2019 are not beneficiaries of the Chitturpuzha Irrigation Project and that they have absolutely no local standi to raise these contentions before this Court. It is contended that the extension of the Vilayan-Chathannur Branch of the left bank canal system has been cancelled by the Government due to lack of water. It is further contended that all relevant aspects of the matter including the shortage of drinking water

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W.P.(C).Nos.35252/19 & con.cases

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in the rain shadow areas covered by the right bank canal system has been specifically considered by passing the impugned order. However, it is stated that the impugned order is challenged by the 6^th respondent in W.P. (C).No.1826/2020 on the ground that it does not assure the supply of 3 TMC feet of water per year.

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14.I have considered the contentions advanced. The issue is with regard to the modalities of sharing of waters between the beneficiaries of an Irrigation Project. It is not in dispute that the guidelines with regard to how the sharing of water is caused to be effected had been finalised by the Government as early as in the year 1987. The area and the ayacuts to which the water would be supplied remains as defined in the 1987 Government Orders. The said orders underwent an amendment in 2019 which was challenged before this Court. This Court directed a consideration of the issue by the Government with notice to all concerned. It is pursuant thereto and after a hearing conducted in July,2019 that the order impugned in these writ petitions has been rendered.

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W.P.(C).Nos.35252/19 & con.cases

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The contentions with regard to the said order is to the effect that the arguments raised had not been properly considered in the said order which was passed. It is also contended that the passing of the order without Cabinet's sanction was illegal inasmuch as the prior order had been subjected to such sanction.

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Having considered the contentions advanced on all sides, I am of the opinion the issue requires a reconsideration at the hands of the Government. The contention that the petitioners in W.P.(C).No.35252/2019 are not beneficiaries of the Left

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Bank Canal Systems is not acceptable in view of the fact that , even according to the 6^th respondent the works of the extension of the Vilayan Chathannur main canal to Thiruvilluamala was found to be unenforceable by Exhibit R6(a) agreement. The petitioners, who were residents of the original ayacuts as provided under the PAP project would therefore have the locus standi to maintain the writ petition as also to challenge the arrangements with regard to distribution of water. Even if it is accepted that the original orders did not

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W.P.(C).Nos.35252/19 & con.cases

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have cabinet approval and were essentially administrative in nature, I am of the opinion that such an administrative decision which impacts the lives of the residents of the ayacut areas is liable to be taken only after considering the contentions of the affected parties and the data with regard to the need and availability of water. The respondents are directed to conduct a fresh hearing, after giving public notice, if required, and to consider the issue, taking note of all the relevant aspects, including the matters raised by the petitioners in the first of the captioned writ petitions in the hearing notes as submitted by them. The proportionate length and the area covered by the respective canal systems as well as the need for water in each of the areas is to be specifically considered by the Government before such orders are passed. The necessary shall be done within a period of two months from the date of receipt of a copy of this judgment. Till such time, the sharing of waters as is being done by the arrangements, as stated in Government Order dated 20.02.2010 shall be continued, subject to the condition that none of the canal systems shall be denied water, if water is

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W.P.(C).Nos.35252/19 & con.cases

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available in the system for apportionment.

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Writ petitions are ordered accordingly.

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Sd/- Anu Sivaraman, Judge

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W.P.(C).Nos.35252/19 & con.cases

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APPENDIX OF WP(C) 35252/2019

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE GO(MS) NO.15/2010 WRD DATED 20/02/2010.

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EXHIBIT P2 A TRUE COPY OF THE SKETCH OF THE PROJECT AREA PREPARED BY THE STATE OF KERALA IN HE 1950'S EXHIBIT P3 A TRUE COPY OF THE PETITION DATED 22/02/2017 SUBMITTED BY PETITIONER NO.1 SEEKING RELEVANT INFORMATION PERTAINING TO THE AVAILABILITY OF WATER AT MOLLATHARA DAM. EXHIBIT P4 A TRUE COPY OF THE REPLY DATED 22/03/2017 ISSUED BY THE PUBLIC INFORMATION OFFICER, OF THE IRRIGATION DIVISION CHITTUR IN RESPONSE TO EXT.P3. EXHIBIT P5 A TRUE COPY OF THE INTERIM ORDER DATED 04/01/2018 PASSED BY THIS HON'BLE COURT IN WP(C) NO.170 OF 2018. EXHIBIT P6 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 13/06/2018 IN WP(C) NO.170 OF 2018. EXHIBIT P7 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 04/12/2018 IN WP(C) NO.38926 OF 2018. EXHIBIT P8 A TRUE COPY OF THE JUDGMENT DATED 16/02/2018 IN WP(C) NO.6830 OF 2010 PASSED BY THIS HON'BLE COURT.

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EXHIBIT P9 A TRUE COPY OF THE GOVT. ORDER, GO(RT) NO.96/2019/WRD DATED 14/02/2019 ISSUED BY THE GOVERNMENT OF KERALA, WATER RESOURCES (INTER STATE WATER CELL) DEPARTMENT.

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W.P.(C).Nos.35252/19 & con.cases

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EXHIBIT	P10	A TRUE COPY OF THE GOVT. ORDER G.O.(RT) NO.194/2019/WRD DATED 18/3/2019 ISSUED BY THE GOVERNMENT OF KERALA, WATER RESOURCES (INTER STATE WATER CELL) DEPARTMENT.
EXHIBIT	P11	A TRUE COPY OF THE JUDGMENT DATED 11/04/2019 IN WP(C) NO.7145 OF 2019 PASSED BY THIS HON'BLE COURT.
EXHIBIT	P12	A TRUE COPY OF THE JUDGMENT DATED 05/07/2019 IN WP(C) NO.10383 OF 2019 PASSED BY THIS HON'BLE COURT.
EXHIBIT	P13	A TRUE COPY OF THE OBJECTION FILED BY PETITIONER NO.1 DATED 28/06/2019.
EXHIBIT	P14	A TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O.(RT) NO.884/2019/WRD DATED 30/11/2019.
EXHIBIT	P15	A TRUE COPY OF THE LETTER ISSUED BY THE PUBLIC INFORMATION OFFICER, OFFICE OF THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, CHITTUR, PALAKKAD DISTRICT, BEARING NO.E4/983/2016 VOL.I DATED 20/3/2019
EXHIBIT	P16 A	A TRUE COPY OF THE TAX RECEIPT DATED 15/11/1977 ISSUED TO CULTIVATOR, AMMINIYAMMA AND KINASSERY AREA
EXHIBIT	P16 B	A TRUE COPY OF THE TAX RECEIPT DATED 15/11/1977 ISSUED TO CULTIVATOR, SUJATHAYAMMA OF KINASSERY AREA
RESPOND	ENT'S EXHI	BITS:
EXHIBIT	R1	NIL

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W.P.(C).Nos.35252/19 & con.cases

¶185

¶186

EXHIBIT R1(A) THE TRUE COPY OF THE REPORT PREPARED BY THE ASSISTANT DIRECTOR, AGRICULTURE, CHITTUR BLOCK FOR JALAKRANTHI ABHIYAN PROJECT REPORT 2018-19 REGARDING VADAKARAPATHY, ERUTHIYAMPATHY GRAMA PANCHAYAT, CHITTUR BLOCK. EXHIBIT R2 NIL EXHIBIT R3 NIL EXHIBIT R4 NIL EXHIBIT R4(A) TRUE COPY OF COMMUNICATION NO.ISWC2/58/2019/WRD ISSUED BY THE SECRETARY, WATER RESOURCES (ISWC) DEPARTMENT, THIRUVANANTHAPURAM TO THE ADDITIONAL ADVOCATE GENERAL, ERNAKULAM DATED 05/02/2020. EXHIBIT R5 NIL EXHIBIT R6 NIL EXHIBIT R6(A) TRUE COPY OF THE AGREEMENT ON PARAMBIKULAM-ALIYAR PROJECT. EXHIBIT R6(B) TRUE COPY OF THE REPORT OF THE ADHOCCOMMITTEE CONSTITUTED BY THE STATE IN THE YEAR 1994 DATED 3.3.1994. EXHIBIT R6(C) TRUE COPY OF THE GOVERNMENT ORDER NO.3/87/IRN DATED 24.1.1987. EXHIBIT R6(D) TRUE COPY OF THE JUDGMENT IN OP NO.26514/2002 DATED 23.5.2005. EXHIBIT R6(E) TRUE COPY OF THE REPRESENTATION DATED 19.6.2018 SUBMITTED BY THE 6TH RESPONDENT. EXHIBIT R6(F) TRUE COPY OF THE RELEVANT PORTION OF THE PROJECT REPORT OF CHITTUPUZHA SCHEME PREPARED BY THE GOVERNMENT DATED NIL.

¶187

W.P.(C).Nos.35252/19 & con.cases

¶188

¶189

APPENDIX OF WP(C) 35478/2019

¶190

PETITIONER'S/S EXHIBITS:

¶191

EXHIBIT P1 TRUE COPY OF GO(MS)NO.15/2010/WRD DATED 20.2.2010 ISSUED BY THE GOVERNMENT OF KERALA.

¶192

EXHIBIT P2 TRUE COPY OF JUDGMENT DATED 16.2.2018 IN WPC.NO.6830 OF 2010.

¶193

EXHIBIT P3 TRUE COPY OF GO(RT)NO.96/2019/WRD DATED 14.2.2019 ISSUED BY THE GOVERNMENT OF KERALA.

¶194

EXHIBIT P4 TRUE COPY OF G.O.(RT)NO.194/2019/WRD DATED 18.3.2019 ISSUED BY THE GOVERNMENT OF KERALA.

¶195

EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 11.4.2019 IN WPC.NO.7145 OF 2019.

¶196

EXHIBIT P6 TRUE COPY OF REPRESENTATION DATED NIL SUBMITTED BY THE PARAMBIKULAM - ALIYAR WATER PROTECTION COMMITTEE BEFORE THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA.

¶197

EXHIBIT P7 TRUE COPY OF G.O.(RT)NO.884/2019/WRD DATED 30.11.2019 ISSUED BY THE GOVERNMENT OF KERALA.

¶198

EXHIBIT P8

¶199

TRUE COPY OF COMMUNICATION DATED 20-32019 CONTAINING DETAILS REGARDING THE BRANCH CANALS, AREAS ETC/OBTA OBTAINED UNDER THE RIGHT TO INFORMATION ACT.

¶200

W.P.(C).Nos.35252/19 & con.cases

¶201

¶202

APPENDIX OF WP(C) 1691/2020

¶203

PETITIONER'S/S EXHIBITS:

¶204

EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT IN RESPECT OF THE PROPERTY OF THE 1ST PETITIONER

¶205

EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT IN RESPECT OF THE PROPERTY OF THE 2ND PETITIONER

¶206

EXHIBIT P3 TRUE COPY OF THE AGREEMENT EXECUTED ON 29.05.1970 BETWEEN THE STATE OF KERALA AND STATE TAMILNADU.

¶207

EXHIBIT P4 TRUE COPY OF THE GO(MS)NO.3/87/IRN DATED 24.01.87 EXHIBIT P5 TRUE COPY OF G.O.(MS) NO.15/2010/WRD DATED 20.02.2010 EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 16.02.2018 IN WP(C)NO.6830 OF 2010

¶208

EXHIBIT P7 TRUE COPY OF G.O.(RT) NO.96/2019 WRD DATED 14.02.2019

¶209

EXHIBIT P8 TRUE COPY OF THE G.O(RT) NO.194/2019/WRD DATED 18.03.2019

¶210

¶211

EXHIBIT P10 TRUE COPY OF G.O(RT) NO.884/2019/WRD DATED 30.11.2019

¶212

EXHIBIT P11 TRUE COPY OF THE MINUTES OF THE MEETING OF THE DISTRICT DEVELOPMENT COMMITTEE FOR PALAKKAD DISTRICT

¶213

W.P.(C).Nos.35252/19 & con.cases

¶214

¶215

APPENDIX OF WP(C) 1826/2020

¶216

PETITIONER'S/S EXHIBITS:

¶217

EXHIBIT P1 TRUE COPY OF THE GO(MS)NO.3/87/IR DATED 24.01.1987. EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 23.02.2000 IN OP.NO.445 OF 2000. EXHIBIT P3 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE GOVERNMENT ON 21.01.2003. EXHIBIT P4 TRUE COPY OF THE LETTER NO.7175/MP2/00/WRD DATED 03.06.2004 ISSUED BY THE PRINCIPAL SECRETARY. EXHIBIT P5 TRUE COPY OF THE STATEMENT PREPARED BY THE EXECUTIVE ENGINEER, IRRIGATION, CHITTUR. EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 23.05.2005 IN O.P.NO.26514/2002. EXHIBIT P7 TRUE COPY OF THE AFFIDAVIT FILED IN COC 231/2009. EXHIBIT P8 THE COMMON JUDGMENT OF THESE WRIT PETITIONS IN WP(C)7370 OF 2009 AND WP(C)8702 OF 2007 DATED 27.07.2009. EXHIBIT P9 TRUE COPY OF THE GO(MS)15/2010/WRD DATED 20.02.2010. EXHIBIT P10 TRUE COPY OF THE MINUTES WITH COVERING LETTER. EXHIBIT P11 TRUE COPY OF THE LETTER SENT BY THE 1ST PETITIONER TO THE GOVERNMENT DATED 22.01.2010.

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W.P.(C).Nos.35252/19 & con.cases

¶219

¶220

EXHIBIT P12 TRUE COPY OF THE LETTER AGAIN SENT TO THE PRINCIPAL SECRETARY ON 12.02.2010 BY THE 1ST PETITIONER. EXHIBIT P13 TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO.6830/10 DATED 16.02.18. EXHIBIT P14 TRUE COPY OF THE GO(RT)884/2019/WRD DATED 30.11.2019. EXHIBIT P15 TRUE COPY OF THE AGREEMENT OF PARAMBIKULAM ALIYAR PROJECT 29.05.1970. EXHIBIT P16 TRUE COPY OF THE AD-HOC COMMITTEE REPORT DATED 03.03.1994. EXHIBIT P17 TRUE COPY OF THE REPRESENTATION ON 19.06.2018 BEFORE THE GOVERNMENT SUBMITTED BY THE PETITIONERS. True copy

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PS to Judge

C.S.Bhagavaldas v. State of Kerala

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C.S.Bhagavaldas v. State of Kerala

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