Two writ petitions concerning water supply and right to water came up for hearing. Counsel for petitioners submitted the petitions were infructuous. The court dismissed the petitions as infructuous without detailed reasoning.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
MONDAY, THE 20TH DAY OF MARCH 2023 / 29TH PHALGUNA, 1944
WP(C) NO. 5944 OF 2023
PETITIONER/S:
THAMPI SUBRAMANIYAN
AGED 41 YEARS
S/O SUBRAMANIYAN, THAMPI NIVAS, ESI ROAD,
ERNAKULAM, PIN - 682006
BY ADVS.
AJITH GEORGE
P.T.THAJMINA
ALOK RAJ
ANJITHA MARIA SUNNY
K.M.TINTU
RESPONDENT/S:
1 THE CHAIRMAN SECRETARY, KERALA WATER RESOURCES DEPARTMENT ,NORTH BLOCK, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 6950012 THE CHIEF ENGINEER, KERALA WATER AUTHORITY, HOSPITAL ROAD , ERNAKULAM, PIN - 6820353 THE ASSISTANT EXECUTIVE ENGINEER WATER RESOURCES, KERALA WATER AUTHORITY KARUVELIPADY, ERNAKULAM, PIN – 682035 BY ADVS. SRI. P. M. JOHNY, SC SRI. V. TEKCHAND, SR. GP.THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.03.2023, ALONG WITH WP(C).7367/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W. P. (C) Nos. 5944 & 7367 of 2023
-2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
MONDAY, THE 20TH DAY OF MARCH 2023 / 29TH PHALGUNA, 1944
WP(C) NO. 7367 OF 2023
PETITIONER/S:
HANEEF HANEESH KATTUVALAPPIL
AGED 35 YEARS
S/O K.B HANEEF, KATTUVALAPPIL, PANDIKKUDY,
MATTANCHERRY P.O, ERNAKULAM, PIN - 682002
BY ADV JOMY K. JOSE
RESPONDENT/S:
1 KOCHI MUNICIPAL CORPORATIONREPRESENTED BY ITS SECRETARY, KOCHI, PIN - 6820112 THE SECRETARYKOCHI MUNICIPAL CORPORATION KOCHI, PIN - 6820113 CHELLANAM GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, KANDAKKADAVU P.O, CHELLANAM, KOCHI, PIN - 6820084 THE SECRETARYCHELLANAM GRAMA PANCHAYAT, KANDAKKADAVU P.O, CHELLANAM, KOCHI, PIN - 6820085 MARADU MUNICIPALITY REPRESENTED BY ITS SECRETARY, KUNDANNOOR , MARADU, ERNAKULAM, PIN - 6823046 DISTRICT COLLECTOR ERNAKULAM COLLECTORATE, ECHAMUKKU, KUNNUMPURAM, KAKKANAD, ERNAKULAM, PIN - 6820307 KERALA WATER AUTHORITY, JALABAHAVAN, VELLAYAMBALAM, REPRESENTED BY THE CHIEF EXECUTIVE ENGINEER, THIRUVANANTHAPURAM, PIN - 6950338 ASSISTANT EXECUTIVE ENGINEER KERALA WATER AUTHORITY, WATER WORKS SUB DIVISION, KARUVELIPADY , KOCHI, PIN - 6820059 THE EXECUTIVE ENGINEER KERALA WATER AUTHORITY, WATER WORKS DIVISION, MARADU, ERNAKULAM, PIN - 682040W. P. (C) Nos. 5944 & 7367 of 2023
-3-
10KUMBALANGHI GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, NORTH KUMBALANGI,
KOCHI, PIN - 682007
BY ADVS.
JANARDHANA SHENOY
RAJAN T R
V. TEKCHAND, SR. GP.
P.M. JOHNY, SC,
AJITH GEORGE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.03.2023, ALONG WITH WP(C).5944/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W. P. (C) Nos. 5944 & 7367 of 2023
-4-
J U D G M E N T
S. Manikumar, C. J.
Petitioner in W. P. (C) No. 5944 of 2023 has sought for the following reliefs:-
“i. Issue a writ of mandamus directing the respondents to ensure proper supply of water to the people of West Kochi, Chellanam Panchayath, Kumbalangi Panchayath and Thrikkakara Municipality;
ii. Issue a writ of mandamus directing the respondents to act upon the Exhibit P1, P2 and P3 representation and to ensure that the people are not being suffered due to the inaction from the part of the authorities.”
“i. Declare that right to clean drinking water is a fundamental right under Article 21 of the constitution of India;
ii. To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents to take necessary action to provide adequate drinking water supply to the people residing under the jurisdiction of respondents 7 to 9;
iii. To issue a writ of mandamus or any other appropriate
W. P. (C) Nos. 5944 & 7367 of 2023
-5-
writ, order or direction, commanding the respondents 7 to 9 to provide clean drinking water to the people residing under the jurisdiction 1 to 5 and 10.”
Placing on record the above submissions, the writ petitions are
dismissed as infructuous.
Sd/S. MANIKUMAR CHIEF JUSTICE
Sd/MURALI PURUSHOTHAMAN JUDGE
Eb
///TRUE COPY/// P. A. TO JUDGE
THAMPI SUBRAMANIYAN
THE CHAIRMAN SECRETARY, KERALA WATER RESOURCES DEPARTMENT
HANEEF HANEESH KATTUVALAPPIL
KOCHI MUNICIPAL CORPORATION
S. MANIKUMAR
MURALI PURUSHOTHAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court