IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 W.P.(C).No.17115 of 2008(S) ------------------------------------------------ PETITIONER:- ------------------ SAVE CITIZEN'S FORUM (REG.NO.1.78/2007), PERUVANTHANAM P.O., IDUKKI DISTRICT REPRESENTED BY ITS SECRETARY. BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN RESPONDENTS:- ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY, IRRIGATION & WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM. 4. CHIEF ENGINEER, KERALA WATER AUTHORITY, ERNAKULAM. 5. EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, KATTAPPANA DIVISION, KATTAPPANA P.O. WP(C) No.17115 of 2008 -2- 6. ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PEERMEDU. 7. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, CENTRAL WATER RESOURCES DEPARTMENT, NEW DELHI. R1 & R2 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA, R3 TO R6 BY STANDING COUNSEL SRI.M.DINESH. R7 BY ASSISTANT SOLICITOR GENERAL SRI.P.PARAMESWARAN NAIR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu, C.J. & A.K.Basheer, J. ---------------------------------------------- W.P.(C).No.17115 of 2008-S ---------------------------------------------- Dated, this the 16th day of July, 2008 JUDGMENT H.L.Dattu,C.J. The petitioner is a Society, registered under the provisions of the Travancore-Cochin Literary, Scientific & Charitable Societies Act, 1955. The petitioner Society is formed by a group of public spirited citizens in Peruvanthanam Village of Peermedu Taluk in Idukki District, with the object of rendering assistance to the public in respect of their common grievances and problems, to fight against anti-social activities, to prevent corruption, etc. 2. It is the grievance of the petitioner in this petition filed under Article 226 of the Constitution, that, the 3rd respondent, viz., Kerala Water Authortiy, represented by its Managing Director, has not taken effective steps in completing the Haileyburia Water Supply Scheme in Idukki District. 3. The main prayer made in the writ petition is to direct the respondents to complete the aforesaid water supply scheme in Idukki District within the time limit prescribed, by monitoring the same till its completion and commissioning. W.P.(C).No.17115 of 2008 - 2 - 4. The Kerala Water Authority has filed its counter affidavit before this Court. In that, at paragraph 4, they have stated the steps that they have taken between 2001 and 2006 for redressal of the grievances of the petitioner. Further, at paragraph 5, they have stated that due to the delay in getting land from Tyford Estate, construction of Master Tank and Booster Tank were delayed and there is some delay in completing the project/scheme in question. In paragraph 6 of the counter affidavit, they have stated that they are doing all their best to complete the scheme as early as possible. It is also stated that they require another two years' time to complete the project/scheme. The affidavit filed by the respondents is as under: “5. Due to the delay in getting land from Tyford Estate, construction of Master Tank and Booster Tank were delayed. The estimate of pumping main are under scrutiny at Chief Engineer's (CR) Office, Kochi, except Raw Water pumping main. The works related to Raw Water Pumping main already tendered and tender under scrutiny. The construction of Master Tank and 3 Nos. of Booster Tank were already tendered and the tenders under scrutiny. 6. The petition argument is untrue. The project work under this office are in good progress. We made our best for the completion of the works. The officials of Kerala Water Authority and the political parties are very much interested for the completion of the scheme W.P.(C).No.17115 of 2008 - 3 - and expected to complete scheme within two years. But due to unexpected reason, the completion of the scheme delayed. The war foot steps are already taken for the completion of the work in time by Kerala Water Authority. No negligence has occurred from the Government of Kerala as Kerala Water Authority for the completion of the work. But some unexpected reason, the work delayed.” 5. The main grievance of the petitioner, as we have already stated, is that there is lethargic attitude on the part of the 3rd respondent in completing the Haileyburia Water Supply Scheme in Idukki District. The delay in completing the project is properly explained by the contesting respondents. In our view, we need to only accept the explanation offered. Since the contesting respondent, namely, Kerala Water Authority, has undertaken before this Court that this project will be completed as early as possible, it may not be necessary to continue to keep this file on the board.. 6. In view of the above, keeping in view the urgency of the project canvassed by the petitioner-Society, in our opinion, if one year's time is granted from today to complete the project/scheme, it will not cause any prejudice to the respondent - Kerala Water Authority. Accordingly, we grant one year time from today to complete the project/scheme. W.P.(C).No.17115 of 2008 - 4 - 7. Accordingly, placing on record the affidavit of the third respondent, we dispose of the writ petition. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer Judge vku/dk.