IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 8702 of 2007(J) ------------------------- PETITIONER(S): --------------- 1. KOCHUKRISHNAN,S/O.K.A.SIVARAMABHARATI, KARUMPOTTA HOUSE,KOZHINJAMPARA P.O. 2. ARUCHAMY,S/O.CHERUKUTTY,ALAMPADY, KOZHINJAMPARA P.O,KOZHINJAMPARA P.O. BY ADV. SRI.P.SANTHALINGAM, SENIOR ADVOCATE SRI.S.SHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA,REP.BY ITS CHIEF SECRETARY TO GOVT.SECRETARIATE,THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR,CIVIL STATION, PALAKKAD. 4. THE CHIEF ENGINEER,IRRIGATION, ADMINISTRATION & ISW THIRUVANANTHAPURAM. 5. THE EXE.ENGINEER,CHITTURPUZHA PORJECT, CHITTUR COLLEGE P.O,CHITTUR. ADDITIONAL RESPONDENT: 6. C.K.CHANDRASEKHARAN, S/O.KRISHNAN, CHERINKAL, PATTANCHERRY VILLAGE, CHITTUR TALUK, PALAKKAD DIST. (ADDL.R6 IMPLEADED AS PER ORDER IN I.A.NO.3380/09) ADV. SRI.K.P.BALAGOPAL FOR ADDL.R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2009, ALONG WITH WPC NO. 7370 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 8702/07. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE LETTER DTD.3.6.04 BY THE PRINCIPAL SECRETARY TO GOVT. TO DIST. COLLECTOR, PALAKKAD. P2. COPY OF THE INTERIM ORDER IN O.P.NO.26514/02 OF THIS COURT. P3. COPY OF THE JUDGMENT IN O.P.No. 26514/02 OF THIS COURT. P4. COPY OF THE GOVT. ORDER DTD.24.1.87. RESPONDENT(S)' EXHIBITS: R6A. COPY OF THE GOVT. ORDER DTD.24.1.87. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).Nos.8702/2007 & 7370/2009 ================== Dated this the 27th day of July, 2009 J U D G M E N T In these two writ petitions, the petitioners are riparian owners of Moolathara Left Bank Canal and Moolathara Right Bank Canal. By G.O.(MS) No.3/87/IRn. dated 24.1.1987, the Government fixed the turn of water supply to be followed in respect of both canals. By Ext.P3 judgment produced in W.P.(C).No. 8702/2007, a Division Bench of this Court held that water distribution shall me made in accordance with the said Government order only. Water was being supplied only in January, February and March, 2006. Now the 4th respondent has stopped supply of water altogether to all riparian owners. It is under the above circumstances, the petitioners in these writ petitions have approached this Court seeking supply of water in accordance with the above said Government order. 2. I have heard all parties. 3. This Court has earlier, by an order dated 16.3.2007 in W.P. (C).No.8702/2007, directed as follows: “Admitted. Learned Government Pleader takes notice for respondents. 2. Heard learned counsel for the petitioners and learned Government Pleader touching the matter in issue. 3. Going by Exhibits P2 and P3 Order and Judgment of this Court, the subordinate Government Officials stand directed thereby that Ext.P4 Rules for the Regulation and Distribution of Water for Chitturpuzha Irrigation Project shall be strictly complied with. Ext.P1 direction by the Government to the District Collector is also to the same effect. Going by W.P.C.8702/07 & CC. 2 Ext.P5, it is the requirement that the water distribution for the right bank supply is to be met with two turns in every week, the 1st turn starting on Sunday and end on Wednesday and the 2nd turn starting on Thursday and end on Saturday. This is the provision in Clause (c) of Ext.P5. Under such circumstances, the respondents are duty bound to ensure that the supply is regulated in terms of that clause. 4. The learned Government Pleader submits on instruction that the Executive Engineer had acted only in terms of the recommendation of the Advisory Committee. He referred to Clauses 4 and 5 of Ext.P5, which provide for the constitution of the Advisory Committee in terms of G.O (Ms.) 59/78/W & T dated 26.6.1978 and obliges the Executive Engineer to have over all control of the project. The Advisory Committee and the Executive Engineer cannot over step the other provisions in the regulations, including the regulation in Clause 11(c) noticed above because any such exercise would be in contravention of the Rules contained in Ext.P5. 5. Learned Government Pleader further submits that as of now, the water in the right bank canal was blocked because they were given exclusive flow of water for 15 days by blocking the left bank canal and equality in the situation, may require exclusive flow to the left bank canal for equal number of days. But there cannot be any deviation from the terms of Ext.P5. 6. Therefore, the official respondents will ensure that Ext.P5 is strictly enforced, also taking into consideration that the supply of water is likely to end by 31st March, 2007. Whenever, water is made available, it shall be done strictly in terms of Ext.P5.” That order conclusively considers all the contentions of the parties and issues appropriate orders in this regard. I am of opinion that in view of that order, no further orders are necessary in these writ petitions except to confirm the said order. Accordingly, these writ petitions are disposed of in terms of the interim order in W.P.(C).No. 8702/2007 dated 16.3.2007. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge W.P.C.8702/07 & CC. 3