IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 859 of 2008(B) ------------------------ PETITIONERS: --------------- 1. K.VASU, KUTTIYIL HOUSE, P.O.VETTOM, THIRUR TALUK, MALAPPURAM DISTRICT. 2. AYIZHA UMMA, WIFE OF SAYEDALAVI, KARATTUKADAVATH HOUSE, P.O.VETTAM, MALAPPURAM DISTRICT. 3. K.YAHUM KADAVATHAKATH HOUSE, P.O.VETTAM, MALAPPURAM DISTRICT. 4. P.BEEYUMMA, OTTAYIL HOUSE, P.O.VETTOM. 5. KADEEJA, W/O.K.MUHAMMED, KATTACHIRAKKAL HOUSE, P.O.VETTOM. 6. KADEEJA, W/O.K.ABDULLA, KADAVATHAKATH HOUSE, P.O.VETTOM, MALAPPURAM DISTRICT. 7. K.KUNJAMMA @ KURUMBA, CHITTEPPURATH HOUSE, P.O.VETTOM, MALAPPURAM DISTRICT. 8. PATHUMMA, W/O.K.MUHAMMED, KOYANIKKANAKATH HOUSE, P.O.VETTOM, MALAPPURAM DISTRICT. 9. AMBIKA, TEACHER, ANGANVADY NO.84, P.O.VETTOM, NARAYANANPADI. 10. V.ALIKUTTY, VADAKKINIYAKATH HOUSE, P.O.VETTOM, MALAPPURAM DISTRICT. 11. V.P.ABDULLAKUTTY, VALIYAPEEDIYEKKAL HOUSE, P.O.VETTOM, MALAPPURAM DISTRICT. - 2 - 12. K.ARAMUGHAN, KUUDALI HOUSE, P.O.VETTOM. 13. K.ARAMUGHAN, KUTTIYIL HOUSE, P.O.VETTOM. 14. M.RAMAN, MULLAPPALLY HOUSE, P.O.VETTOM. 15. GAFOOR, S/O.V.ALIKKUTTY, VAKKAYIL HOUSE, P.O.VETTOM, MALAPPURAM DISTRICT. 16. K.HARIDASAN, KUTTIYIL HOUSE, P.O.VETTOM. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENTS: ----------------- 1. VETTOM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY. 2. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, EDAPPAL. 3. ASSISTANT ENGINEER, KERALA WATER AUTHORITY, TIRUR. ADDL. 4. KOTHAPARAMBA BENEFICIARY GROUP, REPRESENTED BY ITS SECRETARY, UMMER, RESIDING AT MELLEYITHIL HOUSE, PADIYAM, VETTOM. P.O., TIRUR, MALAPPURAM. (IMPLEADED AS PER ORDER DT.24-3-2008 IN I.A.NO.2904/2008) R1 BY ADV. SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE SMT.V.A.SARITHA R2 & R3 BY SMT.S.AMBIKA DEVI, SC, KWA R4 BY SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: EXT.P1 - TRUE COPY OF SCHEME TRANSFER MEMORANDUM. EXT.P2- TRUE COPY OF PETITION FILED BEFORE THE FIRST RESPONDENT BY THE PETITIONERS ON 31.8.2007. RESPONDENTS' EXHIBITS: EXT.R1(a) - TRUE PHOTOCOPY OF THE GOVERNMENT ORDER DT.16.1.2003 NO.G.O.(MS).NO.6/2003/WRD. EXT.R1(b) - TRUE PHOTOCOPY OF THE QUADRILATERAL AGREEMENT DT.11.4.2003. EXT.R1(c) - TRUE PHOTOCOPY OF THE CERTIFICATE OF REGISTRATION NO.220/02 OF KOTHAPARAMBU BENEFICIARY GROUP DT. 08.04.2002. EXT.R1(d) - TRUE COPY OF THE BYELAWS OF THE PETITIONERS' KOTHAPARAMBA BENEFICIARY GROUP. EXT.R1(e) - TRUE PHOTOCOPY OF THE REPLY SENT BY THE PANCHAYATH ON EXT.P2 PETITION. -TRUE COPY- P.S.TO JUDGE. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.859 of 2008-B = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 4th day of April, 2008. JUDGMENT 1. The additional fourth respondent is the beneficiary group involved in the supply of potable water to some of the residents within the area of the first respondent panchayat, including the petitioners. That fourth respondent has stated that the petitioners and other beneficiaries are not paying the amounts due to the beneficiary group and that since the water in one of the wells is turned saline, a new location has to be identified for a new well. The fourth respondent further states that its Secretary is unable to carry on the functioning of the group. WP(C)859/2008 -: 2 :- 2. The provision for potable water is referable to Article 14 of the Constitution. In terms of the Constitution and the Panchayat Raj Act, the responsibility in that regard is primarily with the panchayat. The beneficiary group can only be an agency under the panchayat. If that group is unable to function, alternate arrangements have to be made by substituting the committee or even the system. The administrative leadership at the district level has to resolve these issues on behalf of the Government. For the aforesaid reasons, the parties are directed to appear before the District Collector, Malappuram on 23rd April, 2008 to get appropriate listing of the matter so that the District Collector could make an endeavour to finally resolve the problem and provide a fruitful decision within an outer limit of two months therefrom or even earlier, having WP(C)859/2008 -: 3 :- regard to the ensuing summer. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. bkn/110408