IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 12644 of 2007(S) -------------------------- PETITIONERS: -------------------- 1. VAZHAYOOR ROAD - JALA SAMRAKSHANA SAMITY, REP.BY ITS CONVENER, UNNI ALLATHUPURAYIL, AGED 40 YEARS, S/O.KANDANKUTTY, PARAMMAL HOUSE, KARADPARAMBA P.O., VIA FAROOK COLLEGE, KOZHIKODE. 2. T.M. MUJEEB RAHMAN, AGED 34 YEARS, S/O.AHAMED KUTTY, THALEKUNNUMMAL, P.O.AKKODE, VAZHAKKAD, MALAPPURAM. 3. M.K.BASHEER, AGED 32 YEARS, S/O.KUNHALI, MUKKATHUKOYATHODIYIL, PALAKKATTUKUZHIYIL VEEDU, P.O.VAZHAYUR EAST, VIA. RAMANATTUKARA, MALAPPURAM DISTRICT. BY ADV. SRI.MANJERI SUNDERRAJ SRI.B.PREMNATH (E) RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP.BY CHIEF SECRETARY, GOVERNMENT OF KERLA, SECRETARIAT, TRIVANDRUM. 2. SECRETARY TO GOVERNMENT OF KERALA, IRRIGATION AND ADMINISTRATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 3. THE PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT OF KERALA, TRIVANDRUM. 4. SECRETARY TO GOVERNMENT OF KERALA, AGRICULTURAL DEPARTMENT, SECRETARIAT, TRIVANDRUM. 5. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT, MALAPPURAM. ADDL. R6 & R7 IMPLEADED. ADDL. 6. KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION, TRIVANDRUM, REP. BY ITS MANAGING DIRECTOR. ADDL. 7. KERALA WATER AUTHORITY, REP. BY ITS PRINCIPAL OFFICER, KWA HEAD QUARTERS, TRIVANDRUM. ADDL. R6 IMPLEADEDAS PER ORDER DATED 28.9.2007 IN I.A.12566/07. ADDL. R7 IMPLEADED AS PER ORDER DATED 24.1.2008 IN I.A. 12769/07. R1 TO R5 BY SR. GOVERNMENT PLEADER SMT. K. MEERA ADDL. R6 BY ADV. SRI.A.M.SHAFFIQUE SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.ANIL D. NAIR ADDL. R7 BY SMT.AMBIKA DEVI, SC, KWA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, CJ. & K.M. JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 12644 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of February, 2008. JUDGMENT H.L.DATTU, CJ, In our opinion, the petition filed by the petitionerS is a genuine public interest litigation. 2. First petitioner is an unregistered Non-Governmental Organisation constituted by the residents including petitioners 2, 3 and others of Vazhakkad and Vazhayoor Grama Panchayats. 3. In this petition filed under Article 226 of the Constitution, the petitioners have expressed their genuine grievance with regard to the supply of water from Chaliyar river to KINFRA till completion of Cheekode Pure Water Supply Scheme. Their main prayers are to direct the respondents including the Kerala Water Authority to complete Cheekode Pure Water Supply Scheme expeditiously on war footing within a fixed time frame and in the meanwhile to keep in abeyance supply of water from Chaliyar river to KINFRA till completion of Cheekode Pure Water Supply Scheme. 4. Having gone through the pleadings and having heard learned counsel for the petitioners, we are of the opinion that only the first limb of the prayer in the writ petition can be granted by us for the present. Accordingly, we have directed the Kerala Water Authority to file an appropriate counter affidavit before us. WPC.12644/2007. 2 5. Smt. Ambika Devi, learned counsel appearing for the Water Authority has filed a counter affidavit before us today. At paragraphs 5 and 6 of the counter affidavit they have stated as under: “Now a project is prepared for completing the remaining components excluding distribution network amounting to Rs.7090.00 lakhs and the amount is to be obtained from NABARD. It is respectfully submitted that Government have as per G.O.(Rt) No.232/2008/WRD dated 20.2.2008, accorded 'in principle' sanction for the W.S.S for Cheekode and adjoining Villages at the estimated cost of 7090 for posing to NABARD for assistance under RIDF XIII. Consequent thereto a Detailed Engineering Report has already been drawn up and the work can be commenced only after getting formal sanction from NABARD. On getting NABARD Assistance (Rs.70.80 crores) in time, the project will also be completed in time (may be 3 years).” 6. Learned counsel appearing for the petitioner, after going through the counter affidavit filed by the Kerala Water Authority, only submits that for the present this court may dispose of the writ petition by placing on record the counter affidavit filed by the respondent and give them only two years time to complete the Cheekode Pure Water Supply Scheme. 7. In view of the understanding between the learned counsel for the parties to the lis, for the present, we pass the following: Order i) Kerala Water Authority is directed to complete the Cheekode Pure Water Supply Scheme as expeditiously as possible, at any rate within two years from the date of the order. Consequently I.A.979 of 2008 is closed. WPC.12644/2007. 3 Ordered accordingly. H.L. DATTU, CHIEF JUSTICE K.M. JOSEPH, JUDGE sb.