MOHANAN Vs. ALOOR GRAMA PANCHAYAT

JUDGEMENT

(1.) The paradox of striking a balance between drought on the one side and floods on the other. The scarcity of water, faced by a section of people, the resolution of which leads to inundation of the properties of another section, is the problem faced by the people of Kallettumkara Village in Chalakudy Taluk. The petitioners in W.P.(C) No. 6115 of 2017 are owners of garden lands in the upper reaches and the petitioners in W.P.(C) No. 12842 of 2017 are residents in the lower reaches of a large tract of land which was originally a padasekharam. The bone of contention, rather the bund of contention (sic), between the two groups is the water flowing through an irrigation canal belonging to the Aloor Grama Panchayat and the construction of the Vadiyanchira bund across the canal.

(2.) The Vadiyanchira bund is constructed every year to divert the water from the irrigation canal to the properties on the upper reaches, resulting in percolation of water to the wells in the lower reaches, thereby preventing the wells from drying up. According to the owners of the garden lands, because of the bund, their properties get inundated during monsoon, thereby causing large scale destruction to their cultivation and crops. The residents in the lower reaches would contend that unless the bund is constructed and water stored in the higher lands, they will have to face acute drought during summer.

(3.) The dispute between the two groups has been pending since long. In 1999, some of the owners of the garden lands filed O.S. No. 175 of 1999 before the Munsiff's Court, Irinjalakkuda seeking a declaration that the Aloor Grama Panchayat, which was constructing the bund at that time, had no right to divert and store water in their properties without their consent. The case of the plaintiffs was that the Vadiyanchira bund vested with the Aloor Grama Panchayat and every year, on the 10th day of Kanni, the Panchayat used to strengthen the bund in order to store water for punja cultivation and irrigating the paddy fields on the western side. According to the plaintiffs, in the year 1995, new irrigation schemes were started at Thumboormuzhi and Ezhattumugham and new irrigation canals were constructed in the area, after which, water is being supplied through the irrigation canals and the Panchayat stopped storage of water with the aid of the Vadiyanchira bund. The stoppage of this practice changed the nature of their lands and they converted their paddy lands into garden lands and planted coconut, arecanut and nutmeg trees. The suit was filed when the Panchayat attempted to resume the operation of the Vadiyanchira bund as was done earlier.