LAWS(KER)-2018-7-699

PARAYIL KAROTTU KUDIVELLA PADHATHI Vs. DISTRICT COLLECTOR COLLECTORATE

Decided On July 26, 2018
Parayil Karottu Kudivella Padhathi Appellant
V/S
DISTRICT COLLECTOR COLLECTORATE Respondents

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Exts.P9 and P10 decisions taken by the 2nd respondent Grama Panchayat dated 20.03.2017 and 30.04.2017, whereby the Committee represented by the President was dissolved and a new Committee is constituted, respectively. Material facts for the disposal of the writ petition are as follows:

(2.) According to the petitioner, the society viz., 'Parayil Karottu Kudivella Padhathi' was constituted for the purpose of introducing drinking water project to provide drinking water to the 21 members of the petitioner society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. The object of the society is to solve drinking water scarcity of 21 residents of Parayil Karottu. The drinking water project was completed by the joint effort of the 3 rd respondent and 21 members of the petitioner society. The petitioner society is constituted as a joint venture between its members and the 3rd respondent for the purpose of providing drinking water. The case of the petitioner is that, the society met all the expenses except the grant given by the 3rd respondent. The land owner surrendered the land for the project upon the request made by 21 members of the petitioner society, since the petitioner society is functioning in accordance with its bye-law, the 2nd respondent Panchayat has no manner of right to interfere into the affairs of the society. However, due to exertion of undue influence of the Ward member, the 2nd respondent arbitrarily handed over the authority of the society to other persons.

(3.) Various documents have been produced by the petitioner to show that the property was relinquished by the private person, as per Ext.P2, and also the generation of funds for the introduction of the water supply scheme. Apart from all those, it is stated that, by taking advantage of the absence of the members of the petitioner society, some outsiders, who do not have right over the project, illegally took water connection from the petitioner society. Therefore, petitioner has filed O.S.No.481 of 2017 before the Munsiff's Court, Kottayam, seeking a decree of declaration against the persons who are constituting the members of the society allegedly, which is pending consideration. However, even though an injunction was sought for, that was not granted by the Munsiff's Court.