P.H.Muhammedkutty v. Kerala Rural Water Supply And Sanitation Agency
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH DAY OF JANUARY 2015/8TH MAGHA, 1936 WP(C).No. 22692 of 2014 (J) ---------------------------- PETITIONER(S):
---------------------- P.H.MUHAMMEDKUTTY, AGED 69 YEARS S/O.HASSAN RAWTHAR, PUTHUKKOTTU HOUSE EDAKKUNNAM KARA EDAKKUNNAM VILLAGE, KANJIRAPPALLY TALUK.
BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S):
------------------------
1. KERALA RURAL WATER SUPPLY AND SANITATION AGENCY PTC TOWERS, SS KOVIL ROAD, THAMPANOOR THIRUVANANTHAPURAM 695 001.
2. REGIONAL PROJECT DIRECTOR, REGIONAL PROJECT MANAGEMENT UNIT-IDUKKI, KRWSA MATHA ARCADE, THODUPUZHA 685 584.
3. EXECUTIVE ENGINEER KERALA GROUND WATER DEPARTMENT KOTTAYAM 686 001.
4. STATE OF KERALA RERPESENTED BY THE PRINCIPAL SECRTARY, WATER RESOURCES DEPARTMENT, SECRETARIAT THIRUVANATHAPURAM 695 001.
5. PARATHODE GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY OFFICE OF THE PARATHODE GRAMA PANCHAYAT PARATHODE P.O, KOTTAYAM DISTRICT 686 512
6. PURUSHOTHAMAN,S/O.KUTTAPPAN ELLIKAMURIYIL, EDAKKUNNAM KARA EDAKKUNNAM VILLAGE, KANJIRAPPALLY TALUK 686 512
7. SHAMSUDHEEN S/O.HASSAN, PUTHENVEETTIL, EDAKKUNNAM KARA EDAKKUNNAM VILLAGE, KANJIRAPPALLY TALUK 686 512
8. BIJU S/O.CHACKO, ELAMTHOTTATHIL EDAKKUNNAM KARA, EDAKKUNNAM VILLAGE KANJIRAPPALLY TALUK 686 512.
9. V.J JOSEPH,VALIYAPURACKAL EDAKKUNNAM KARA, EDAKKUNNAM VILLAGE KANJIRAPPALLY TALUK 686 512.
10. CHACKO S/O.JOSEPH, ELAMTHOTTATHIL, EDAKKUNNAM KARA EDAKKUNNAM VILLAGE, KANJIRAPPALLY TALUK 686 512
11. SAINUDHEEN,S/O.HASSAN,PUTHENVEETTIL EDAKKUNNAM KARA,EDAKKUNNAM VILLAGE KANJIRAPPALLY TALUK 686 512.
12. CHINNAMMA JOSEPH, W/O.JOSEPH KADAMPARAMBIL, EDAKKUNNAM KARA EDAKKUNNAM VILLAGE,KANJIRAPPALLY TALUK 686 512.
13. SEYTHALAVI, S/O.MAITHEEN, PUTHENVEETTIL, EDAKKUNNAM KARA EDAKKUNNAM VILLAGE, KANJIRAPPALLY TALUK 686 512
14. ABDUL KHADAR @ KUNJIPPA, PUTHENVEETTIL EDAKKUNNAM KARA, EDAKKUNNAM VILLAGE KANJIRAPPALLY TALUK 686 512.
15. JAIS, S/O.JOSE, ANICKAD VEETTIL, EDAKKUNNAM KARA EDAKKUNNAM VILLAGE, KANJIRAPPALLY TALUK 686 512
16. ABRAHAM @ KUTTAN, S/O.YOHANNAN MARUTHONIKAL HOUSE,EDAKKUNNAM KARA EDAKKUNNAM VILLAGE, KANJIRAPPALLY TALUK 686 512. 17.MATHEW S/O.VARKEY, KARAKKATTUPARAMBIL, EDAKKUNNAM KARA EDAKKUNNAM VILLAGE, KANJIRAPPALLY TALUK 686 512. 18.MATHEW S/O.DEVASSIA, PUTHENPURACKAL HOUSE EDAKKUNNAM KARA, EDAKKUNNAM VILLAGE KANJIRAPPALLY TALUK 686 512.
R5 BY ADV. SRI.TITUS MANI R5 BY ADV. SRI.BINNY THOMAS R5 BY ADV. SRI.P.A.JACOB R BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 22692 of 2014 (J) ---------------------------- APPENDIX PETITIONER'(S) EXHIBITS :
---------------------------------- EXHIBIT P1 : THE COPY OF THE SALE DEED NO.4160/99 OF THE SUB REGISTRAR OFFICE, KANJIRAPPALLY.
EXHIBITP2 : THE COPY OF THE PLAINT IN O.S NO 181 OF 2011 BEFORE THE MUNSIFF'S COURT, KANJIRAPPALLY.
EXHIBIT P3 : THE COPY OF THE WRITTEN STATEMENT OS NO.181 OF 2011 BEFORE THE MUNSIFF'S COURT, KANJIRAPPALLY FILED BY THE RESPONDENTS 6 TO 18 HEREIN.
EXHIBIT P4 : THE COPY OF THE JUDGMENT DATED 16-03-2013 IN O.S NO.181 OF 2011 BEFORE THE MUNSIFF'S COURT, KANJIRAPPALLY EXHIBIT P4(a) : THE COPY OF THE DECREE DATED 16-03-2013 IN O.S NO 181 OF 2011 BEFORE THE MUNSIFF'S COURT, KANJIRAPPALLY ALONG WITH THE PLAN APPENDED THERETO.
EXHIBIT P5 : THE COPY OF THE A.S.38/2011 BEFORE THE SUB COURT, PALA. EXHIBIT P6: THE COPY OF THE AGREEMENT DATED 23-2-2013 ENTERED IN BETWEEN THE 1ST RESPONDENT AND THE 5TH RESPONDENT PARATHODE GRAMA PANCHAYAT FOR IMPLEMENTING THE WATER SUPPLY SCHEME.
EXHIBIT P6(a) : THE COPY OF THE PROPOSED PIPELINE ALIGNMENT PLAN FOR DRAWING THE PIPELINES.
RESPONDENT(S)' EXHIBITS :
------------------------------------- Nil //TRUE COPY// P.A. TO JUDGE
K.T.SANKARAN , J.
-------------------------------------- W.P.(C) No.22692 of 2014 -------------------------------------- Dated this the 28th day of January, 2015
JUDGMENT
The reliefs prayed for in the Writ Petition are the following :
"(a) issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 not to lay or install pipes or any apparatus through the property of the petitioner (particularly shown as item No.2 in Exhibit P4 decree and P4(a) plan) without the consent of the petitioner or without acquiring the said property.
(b) grant such other reliefs which this Honourable Court may deem fit and proper in the interest of justice." 2.
The case of the petitioner is that he is the owner in possession of an extent of 41 Ares and 25 sq.m. of land in R.S.No.55/6 in block No.4 of Edakkunnam Village, as per
Exhibit P1 sale deed. The petitioner instituted O.S.No.181 of 2011 on the file of the court of the Munsiff of Kanjirappally against respondents 6 to 18 for declaration of title, recovery of possession, damages and permanent prohibitory injunction. The trial court granted a decree for declaration of title of plaint schedule item No.2 which is shown as "abcda" plot in Exhibit C1(a) plan appended to the decree. The other reliefs were not granted. It is stated that challenging the judgment and decree of the trial court in so far as they are against the petitioner, he filed an appeal before the Sub Court, Pala and the appeal is pending.
3.
The allegation made in the Writ Petition is that respondents 1 and 2 proposed to lay pipeline cutting through the property of the petitioner for the water supply scheme and that proposal was made at the instance of respondents 6 to
18. It is stated that the petitioner never surrendered any portion of his property for laying pipe line and that respondents 1 and 2 have no authority to encroach upon the property belonging to the petitioner. It is stated that the petitioner approached the fifth respondent Panchayath and submitted a complaint against the proposed action of respondents 1 and 2. The petitioner was informed that the Panchayath has nothing to do with the work. 4.
The learned counsel appearing for the fifth respondent Panchayath submitted, on written instructions, that the fifth respondent has no intention to draw or lay any pipe line through the property of the petitioner. To that effect, the fifth respondent has filed a counter affidavit also. The learned Government Pleader submitted that the project is at the behest of the Panchayath and if the Panchayath has no intention to lay pipeline through the property of the petitioner, respondents 1
and 2 would not be interested in doing so. The submissions made by the learned counsel for the fifth respondent and the learned Government Pleader are recorded. No further directions are enquired in view of the submissions made by the learned counsel for the fifth respondent and the learned Government Pleader.
Accordingly, the Writ Petition is closed.
K.T.SANKARAN JUDGE csl