REJILAL T.S. Vs. THE PRINCIPAL CHIEF CONSERVATOR

JUDGEMENT

(1.) The captioned writ petitions are materially connected in respect of the action initiated by the Forest officials, Malappuram against the petitioners by removing the pipes installed by the petitioners to draw water from upstream of a river for agricultural operations flowing through a reserved forest. Facts and documents discernible from W.P.(C) No.30472 of 2018 are relied upon for disposal of the writ petitions.

(2.) Petitioners are residents of Amarambalam Grama Panchayat and Chokkodu Grama Panchayat, i.e., respondents 5 and 6. Ward No.VIII of 5 th respondent Panchayat and Ward No.V of 6th respondent Panchayat are situated in hilly areas of Nilambur Taluk and is coming within the jurisdiction of Divisional Forest Officer, Nilambur South Division, Malappuram District. According to the petitioners, the only source of water for drinking and agricultural purposes available to the petitioners and other residents of the above Wards in the Panchayats is the water from the Kottapuzha river. Since agriculture is their only source of livelihood, water for irrigational purpose is also important. For the past 40- 45 years, petitioners and their predecessors were drawing water from the river by installing pipes. During the rainy season, water is taken only for drinking purpose, and for agricultural purpose, water is drawn from September to April/May. During peak summer, petitioners take water for irrigation purpose only thrice a week. It is also the case of the petitioners that, similar arrangement is made by the Panchayat for the residents of the lower stream of the river.

(3.) Respondents 7 and 8 are residents of the 5th respondent Panchayat, but residing near to the lower stream of the river. They have approached the 4 th respondent with a complaint that by drawing water from the river by the petitioners and other residents is causing shortage of water in their wells. Since no action was initiated, the said respondents have approached this Court by filing W.P.(C) No.13834 of 2018 dated 13.04.2018 and secured Ext.P1 judgment directing the 2nd respondent therein to pass appropriate orders on the representation, after providing opportunity of hearing to the petitioners and all other interested persons. There was a direction also to hear the Panchayat if found to be adequate.