ABDUL RASHEED A. Vs. STATE OF KERALA

JUDGEMENT

(1.) At the epicenter of the controversies in these cases, is a Water pipeline laid by the Kerala Water Authority in the city of Thiruvananthapuram under an erstwhile water supply scheme called 'The Willington Water works.' According to the Water Authority, this pipeline was laid as early as in the year 1929, and started functioning in the year 1933. It appears that certain portions of this pipeline run through the properties owned by the various petitioners in this batch of writ petitions.

(2.) The Water Authority claims that the properties claimed by the petitioners are in fact water works 'puramboke', and that they are entitled to hold possession and ownership over the same. The essential contention of the Water Authority is that unless they hold possession and ownership of the lands in question, the water pipes installed sub terrain, cannot be maintained or repaired, if such cause arises.

(3.) The petitioners in W.P.(C) Nos. 24182/2008, 38250 / 2010 and 22769/2012 are co - owners of 31 cents of land comprised of in Block No. 1, Re.Sy. No. 5 of the Sasthamangalam Village. As regards W.P.(C) Nos. 16280/2007 and W.P.(C) No. 29162/2010 are concerned, they are both filed by the same petitioner, who claims to be the owner of 17 cents of land comprised of in Survey No. 184/3 - A of the same village, namely, Sasthamangalam Village. It appears that the writ petitioners in W.P.(C) No. 24182/2008 and the two other connected matters intend to make certain constructions in their property, which is objected to by the Water Authority whereas the writ petitioner in W.P.(C) No. 16280/2007 and W.P.(C) 29162/2010 have been asked to remove certain offending constructions in his land on the allegation that such properties are also part of the water works puramboke.