IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 4379 of 1999(U)
1. THE PRESIDENT MANGALPADY GRAMA PYT.
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.M.A.MANHU
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :07/03/2008
O R D E R
KURIAN JOSEPH, J.
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O.P. Nos.4379, 6257, 6258 OF 1999 & 24585 OF 2000
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Dated this the 7th day of March, 2008.
J U D G M E N T
The issue involved in these cases pertains to the entrustment of
Kalpara Lift Irrigation Project to the Kalpara Karshaka Seva Samithi.
According to the panchayat and the farmers, the water channel vests
in the panchayat under Section 218 of the Kerala Panchayat Raj Act,
1994. The Government appears to have taken the stand that the
irrigation project does not vest in the panchayat under Section 218.
But the contention of the petitioners is that the subject matter is the
water channel and not the project. Still further it is contended that the
society has become defunct. It is also submitted that the society was
entrusted only with the work of construction of the canal and they
cannot be entrusted with the duty to distribute water; it is the duty of
the panchayat. The impugned order does not reflect consideration of
these vital contentions. I quash the impugned orders and remit the
matters to the Government for fresh consideration with notice to the
petitioners in the original petitions and the respondent society.
This original petitions are disposed of as above.
KURIAN JOSEPH, JUDGE.
ps
KURIAN JOSEPH, J.
O.P. Nos. 4379, 6257,
6258 OF 1999 &
24585 OF 2000
J U D G M E N T
07.03.2008