IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 OP.No. 304 of 2002(J) --------------------- PETITIONER: ------------ 1. K.S.KOCHUKUTTAN,KUNNUKADU HOUSE, THENKURISSI P.O.,PALAKKAD. 2. S.MUTHUMANI,KUNNUKADU HOUSE, THENKURISSI P.O.,PALAKKAD. 3. K.VISHWANATHAN,KUNNUKADU HOUSE, THENKURISSI P.O.,PALAKKAD. 4. C.V.MOHANAN,CHUKKAMKUNNU HOUSE, VILAYANNUR P.O.,PALAKKAD. 5. M.C.KUSHALAN,MANGODUKALAM, THENKURISSI P.O., PALAKKAD. 6. C.JANARDHANAN,MANGODUKALAM, THENKURISSI P.O.,PALAKKAD. 7. S,MOHANAN,KUNNUKADU HOUSE, THENKURISSI P.O.,PALAKKAD. 8. K.A.JAYAPRAKASH,KUNNUKADU HOUSE, THENKURISSI P.O.,PALAKKAD. BY ADV. SRI.P.B.SURESH KUMAR RESPONDENTS: ------------- 1. STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,GOVERNMENT SECRETARIATE,THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER,CHITTOOR PUZHA PROJECT,CHITTOOR,PALAKKAD. BY GOVERNMENT PLEADER SMT. SMITHA BABU THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF THE SKETCH OF VILAYANCHATHANNUR CANAL. EXT.P2-TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS 3, 4 AND 6 TO THE SECOND RESPONDENT DATED 15.12.2001. EXT.P3-TRUE COPIES OF THE PHOTOGRAPHS SHOWING THE PRESENT STAGE OF THE PADDY CULTIVATION EXT.P4-TRUE COPY OF THE PHOTOGRAPH. // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.304 of 2002-J - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of January, 2008. JUDGMENT The main prayer in the original petition is for a direction to the second respondent to distribute equally the water stored at Kambalathara tank of Chittoor Puzha Irrigation Project to the various places coming under the project. The petitioners are agriculturists engaged in paddy cultivation in Thenkurissi I village of Palakkad District. The petitioners allege that the agriculturists in the area are depending mainly on the water from the project for agricultural activities and since there is no proper distribution of water, the agricultural operations are affected. 2. The contesting respondents have filed counter affidavits wherein it is averred that the distribution of water is on a turn basis and as per the Parambikulam Aliyar Project Agreement, Tamil Nadu is releasing water at Manakkadavu. The Executive Engineer is the authority to distribute the water according to availability and demand in the field. It is also averred that the distribution of water is carried out according to the availability of water which is received as per the Parambikulam Aliyar Project agreement and as per the turn system fixed by the Project authority. The Project OP 304/2002 -2- Advisory Committee under the Chairmanship of District Collector is deciding the date of opening the canal and the term of the distribution, subject to the availability of water. In paragraph 8 of the counter affidavit, the allegation that the records have been manipulated, is denied and the dates of opening of shutter at different points of time have also been mentioned. It is assured that the distribution will be done and there will not be any inaction on the part of the department in providing sufficient water which is available for distribution. 3. The petitioners have approached this court in the year 2002 alleging non-distribution of water at the relevant period. Now, as that period is over and that the authorities have taken steps to have a proper distribution of water, no further directions are called for in this original petition. Therefore, the original petition is disposed of recording the averments in the counter affidavit that distribution of water will be made in accordance with the turn subject to the availability of water from Tamil Nadu. (T.R. Ramachandran Nair, Judge.) OP 304/2002 -3- kav/ T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.304 of 2002-J - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 3rd January, 2008.