Disposed

P.R.Bijoykumar v. the Assistant Executive Engineer

Kerala HC18 Mar 2024WP(C)/9484/2022

Case brief

AI extract

What is this about?

Petitioners complained of disrupted drinking water supply by the Kerala Water Authority. The court observed that availability of drinking water is a constitutionally protected basic human right under Article 21 and directed the Assistant Executive Engineer to consider and dispose of their representations after hearing them within one month.

What did the court decide?

Assistant Executive Engineer directed to dispose of Exts.P6, P8, P9 and P10 representations after hearing petitioners, within one month, ensuring drinking water supply.

P.R.Bijoykumar Vs the Assistant… — Constitutional and Fundamental Rights | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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MONDAY, THE 18TH DAY OF MARCH 2024 / 28TH PHALGUNA, 1945

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WP(C) NO. 9484 OF 2022

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PETITIONERS:

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1P.R.BIJOYKUMAR, AGED 52 YEARS,
S/O.RAVEENDRAN, RESIDING AT PUTHANPURAYIL HOUSE,
KULAYETTIKKARA P.O., ARAYANKAVU,
ERNAKULAM DISTRICT, PIN – 682317.

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2 V.K.VALSALA, AGED 64 YEARS, W/O.P.V.KOCHUNARAYANAN, RESIDING AT VELUTHAMKKUNNEL HOUSE, KULAYETTIKKARA P.O., KANJIRAMATTAM VIA, ERNAKULAM DISTRICT, PIN – 682315.

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3 P.K.KUTTAN, AGED 62 YEARS, S/O.KUNHILAN, RESIDING AT PULITHOOKI NIRAPPATHU, KULAYETTIKKARA P.O., ARAYANKAVU, ERNAKULAM, PIN – 682317.

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BY ADV V.RAMKUMAR NAMBIAR

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RESPONDENTS:

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1 THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PIRAVOM. ERNAKULAM DISTRICT, PIN – 686664.

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2 THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PIRAVOM. ERNAKULAM DISTRICT, PIN – 686664.

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3 THE KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, TRIVANDRUM, PIN – 695033.

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4 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

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5 AMBALLOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, AMBALLOOR, ERNAKULAM DISTRICT, PIN – 682315.

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WP(C) NO. 9484 OF 2022

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6THE DISTRICT COLLECTOR,
ERNAKULAM, CIVIL STATION,
KAKKANAD, ERNAKULAM, PIN – 682030.

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BY ADVS.
SSRI.GEORGIE JOHNY, SC
SHRI.T.K.AJITHKUMAR (VALATH), SC,
SRI.RAJIV JYOTHISH GEORGE, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NO. 9484 OF 2022

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JUDGMENT

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The petitioners have approached this Court
seeking a direction to respondents 1 to 3 to
ensure that regular and proper flow of drinking

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water is maintained by them to their residences;
further adding that they have preferred Exts.P6,
P8, P9 and P10 representations before the 1st
respondent for such purpose.

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2.Sri.V.Ramkumar Nambiar – learned counsel

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for the petitioners, submitted that the
disruption in the supply of drinking water is a

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violationofhumanrights,asalso

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constitutional rights of his clients; and
therefore, that the respondents have a duty to
ensure that it is property maintained. He thus
prayed that the reliefs sought for in this writ
petition be granted.

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3.Sri.Georgie Johny – learned Standing

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Counsel for the Kerala Water Authority (‘KWA’),

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WP(C) NO. 9484 OF 2022

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in response, submitted that the water supply to

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the petitioners’ residences has never been
obstructed; and that, at the best, there has
been only a reduction in the force of flow of
water. He submitted that this is a technical

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issue, and therefore, that the 1st respondent is
willing to hear the petitioners and take a final
decision without any avoidable delay.

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4.No doubt, the afore suggestion is the

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best course available to the petitioners also
because, I agree with the submissions of
Sri.V.Ramkumar Nambiar that the availability of
drinking water is a basic human right and hence
one that is constitutionally protected under

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Article 21 of the Constitution of India.

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5.I, therefore, direct the 1st respondent –

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Assistant Executive Engineer, to take up

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Exts.P6, P8, P9 and P10 representations and

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dispose them of, after affording the petitioners

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WP(C) NO. 9484 OF 2022

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an opportunity of being heard; thus culminating

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in an appropriate order and necessary action
thereon to ensure that they obtain necessary
drinking water without any obstruction as per
law. This shall be done, as expeditiously as is
possible, but not later than one month from the
date of receipt of a copy of this judgment.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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akv

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WP(C) NO. 9484 OF 2022

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APPENDIX OF WP(C) 9484/2022

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PETITIONER EXHIBITS

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`EXHIBIT P1`	`EXHIBIT P-1. TRUE COPY OF THE WATER`
	`BILL ISSUED TO THE FIRST PETITIONER BY` `THE KERALA WATER AUTHORITY ON` `8.12.2021.`
`EXHIBIT P2`	`EXHIBIT P-2 TRUE COPY OF THE WATER` `BILL ISSUED TO THE SECOND PETITIONER`
	`BY THE KERALA WATER AUTHORITY ON` `8.10.2021.`
`EXHIBIT P3`	`EXHIBIT P-3 TRUE COPY OF THE WATER` `BILL ISSUED TO THE THIRD PETITIONER BY` `THE KERALA WATER AUTHORITY ON` `5.10.2018.`
`EXHIBIT P4`	`EXHIBIT P-4. TRUE COPY OF THE ORDER OF` `THE CONSUMER DISPUTES REDRESSAL FORUM,` `ERNAKULAM DATED 24.9.2008.`
`EXHIBIT P5`	`EXHIBIT P-5 TRUE COPY OF THE JUDGMENT` `OF` `THIS` `HON'BLE` `COURT` `IN` `W.P(C)NO.4905/2009 DATED 8.11.2017.`
`EXHIBIT P6`	`EXHIBIT P-6 TRUE COPY OF THE` `REPRESENTATION SUBMITTED BY THE` `PETITIONERS` `AND` `OTHERS` `DATED` `17.10.2020.`
`EXHIBIT P7`	`EXHIBIT P-7 TRUE COPY OF THE LAWYER` `NOTICE DATED 25.1.2021 ALONG WITH` `ACKNOWLEDGMENT CARD ISSUED TO THE` `FIRST RESPONDENT.`
`EXHIBIT P8`	`EXHIBIT P-8 TRUE COPY OF THE` `REPRESENTATION` `DATED` `16.3.2021`
	`SUBMITTED BY THE PETITIONERS AND` `OTHERS.`

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WP(C) NO. 9484 OF 2022

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`EXHIBIT P9`	`EXHIBIT P-9`	`TRUE`	`COPY OF`	`THE`
	`REPRESENTATION`	`DAT`	`ED` `23.`	`3.2021`
	`SUBMITTED BY` `OTHERS.`	`THE`	`PETITIONERS`	`AND`
`EXHIBIT P10`	`EXHIBIT P-10`	`TRUE`	`COPY OF`	`THE`
	`REPRESENTATION`	`SUBM`	`ITTED BY`	`THE`
	`PETITIONERS` `14.2.2022.`	`AND`	`OTHERS`	`DATED`
`EXHIBIT P11`	`EXHIBIT P-11`	`TRUE`	`COPY OF`	`THE`
	`MATHRUBHUMI NEW`	`S PAPER`	`DATED 2.3.`	`2022.`

P.R.Bijoykumar v. the Assistant Executive Engineer

Case brief

What is this about?

What did the court decide?

P.R.Bijoykumar v. the Assistant Executive Engineer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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