VISHWANATHAN NAIR Vs. CHITTAR GRAMA PANCHAYAT

JUDGEMENT

(1.) This group of cases relate to the Kariyakam Small Hydro Electric Project across the Kakkad River in the Pathanamthitta District. There are five proceedings before us, four petitions which are pending before the learned Single Judge are tagged along with a writ appeal. W. P. (C) Nos. 33889 and 36613 of 2016 and 12736 of 2017 and W. A. No. 220 of 2017 are filed by the villagers/residents of Chittar Grama Panchayat who are having their houses and agricultural fields within the periphery of the dam. W. P. (C) No. 3008 of 2024 is filed by Ayyappa Hydro Power Ltd., a power company which constructed the dam under a Build Own Operate Transfer agreement with the Government of Kerala.

(2.) We have heard Mr. V. Philip Mathews, learned counsel representing the Villagers, Mr. K. Shaj, learned counsel for the power company, Mr. Sergi Joseph Thomas, learned counsel for the Grama Panchayat, Mr. S. Biju, learned Senior Central Government Counsel appearing for the Union of India and Mr. K. R. Ranjith, learned Senior Government Pleader for the State.

(3.) The prayers made by the Petitioner-Villagers range from prevention of encroachment, stoppage of construction in front of their houses which are causing damage to their houses and the direction to maintain a particular water level in the said dam to not threaten the houses and the agricultural fields of the villagers. The challenge is also raised to the conversion of the nature of the Power Plant from Captive Power Producers to Independent Power Producers.