High CourtsDivision Bench(2026) 03 KL CK 1679

P.L Xavier & Anr. vs State Of Kerala & Ors.

High Court Of Kerala · Decided on 11 March 2026

HON’BLE JUDGES
Soumen Sen, C.J · Syam Kumar V.M., J
CASE NUMBER
WP(PIL) Nos. 2 & 62 of 2025 & W.P.(C) No. 36773 of 2023

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Judgment

41 paragraphs · 927 words

SOUMEN SEN, C.J.

The affidavit filed by the respondents 5 to 7 in WP(PIL) No. 62 of 2025 in compliance with our earlier order is taken on record. In view of the averments made in the said affidavit, we are satisfied with the explanation offered and the grievance of the petitioners with regard to the issues raised have been redressed. We also record that a sum of Rs.8.40 lakhs sanctioned by the Thrikkakkara Municipality has been deposited with the Executive Engineer, Water Supply Divison, Ernakulam, for further action on their side. We direct the Executive Engineer, Water Supply Division to complete the work of laying the pipes at the earliest on a war footing.

2.

As regards W.P(PIL) No. 2 of 2025 and WP (c) No. 36733 of 2023 are concerned, we note that action taken reports/affidavits have been filed by the Kerala Water Authority in both the said writ petitions explaining the steps taken to address the issuing of potable drinking water supply to the residents of Ala-Gothuruth and Daiwathamugal in 21st Ward of Thrikkakara Municipality. We record the undertakings in the affidavit dated 02.03.2026 filed in WP (C) No. 36773 of 2023 and the status report dated 23.08.2025 filed in WP (PIL) No. 2 of 2025. The affidavit dated 20.02.2026 filed by the 7th respondent-Thrikakara Municipality is also taken on record.

3.

We dispose of the said writ petitions directing strict compliance of the undertakings in the affidavit/action taken reports filed by the Kerala Water Authority and the Thrikkakara Municipality so as to ensure that permanent measures to ensure supply of portable water directly to the residents of the respective localities are implemented and maintained. These writ petitions are accordingly disposed of.

APPENDIX OF WP(PIL) NO. 2 OF 2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 14-07-2015 SUBMITTED TO THE ADDITIONAL CHIEF SECRETARY BY M.V JOSE

Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 14-07-2015 SUBMITTED TO THE 3 RD RESPONDENT

Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 08- 04-2023 SUBMITTED TO THE MINISTER WITH ENGLISH TRANSLATION OF MALAYALAM PORTION

Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 17-04-2023 SUBMITTED TO 8 TH RESPONDENT

Exhibit P5 TRUE COPY OF THE COMPLAINT DATED 09-04-2024

Exhibit P6 TRUE COPY OF THE COMPLAINT DATED 10-05-2024 SENT TO MINISTER

Exhibit P7 TRUE COPY OF THE TRIP SHEET CUM RECEIPT SHOWING THE SUPPLY OF WATER TO MRS. AYYA RAVENDRAN RESIDING AT DAIWATHAMUGAL DATED 02-12-2024 ISSUED BY S.R WATER SUPPLIERS

Exhibit P8 TRUE COPY OF THE TRIP SHEET CUM RECEIPTS SHOWING THE SUPPLY OF DRINKING WATER TO MR. XAVIER RESIDING AT DAIWADHAMUGAL ISSUED BY P.P.K WATER SUPPLIERS, KAKKANAD, DATED 24-01-2025

Exhibit P9 TRUE COPY OF THE TRIP SHEET CUM RECEIPT SHOWING THE SUPPLY OF WATER TO MR. DEVASSY DATED 30-01-2025 ISSUED BY P.P.K WATER SUPPLIERS

Exhibit P10 TRUE COPY OF THE TRIP SHEET CUM RECEIPT SHOWING THE SUPPLY OF WATER TO MR. MARAKKAR DATED 30-01-2025 ISSUED BY S.R WATER SUPPLIERS

Exhibit P11 TRUE COPY OF THE TRIP SHEET CUM RECEIPT SHOWING THE SUPPLY OF WATER TO MR. DINESHAN DATED 02-02-2025 ISSUED BY S.R WATER SUPPLIERS

Exhibit P12 TRUE COPY OF THE TRIP SHEET CUM RECEIPT SHOWING THE SUPPLY OF WATER TO MR. SADIQ DATED 02-02-2025 ISSUED BY S.R WATER SUPPLIERS

Exhibit P13 TRUE COPY OF THE TRIP SHEET CUM RECEIPTS SHOWING THE SUPPLY OF DRINKING WATER TO MR. T.R RAJESH DATED 03-02-2025 S.R WATER SUPPLIERS

Exhibit P14 THE COPY OF THE TWO PHOTOS SHOWING THE PEOPLE RESIDING IN DAIWATHAMUGAL TAKING DRINKING WATER FROM THE TANKER LORRIES OF PRIVATE PARTIES

Exhibit P15 TRUE COPY OF THE REPRESENTATION DATED 08-02-2025 SENT BY THE PETITIONERS TO THE RESPONDENTS 3,7 AND 8

Exhibit P16 TRUE COPY OF THE INTERIM ORDER OF THIS COURT IN WP(C) 36773/2023 DATED 21-12-2023

Exhibit P17 TRUE COPY OF THE ORDER OF ADDITIONAL SECRETARY AND DIRECTOR OF THE NATIONAL JAL JEEVAN MISSION RELATING TO THE IMPLEMENTATION OF THIS PROJECT DATED 02-06-2020

Exhibit P18 TRUE COPY OF THE REPRESENTATIONS SENT BY THE PETITIONERS DATED 04-03-2025 TO THE RESPONDENTS 2, 9 AND 10

Exhibit P19 TRUE COPY OF THE COMPLAINT DATED 25-04-2025 SENT TO THE DEPUTY DIRECTOR OF PANCHAYATH

Exhibit P20 TRUE COPY OF THE REPORT SUBMITTED BY THE 5TH RESPONDENT DATED 22-03-2025 WITH ENGLISH TRANSLATION

RESPONDENT ANNEXURES

Annexure R3(a) True copy of the Action Taken Report prepared by the 3rd respondent dated 30.06.2025.

Annexure R3(b) Action Taken Report on case W.P.(PIL) No. 2/2025 Submitted by Managing Director, Kerala Water Authority before the Hon ’ble High Court of Kerala dated 29.07.2025.

Annexure R5(a) True copy of the Action Taken Report on case W.P.(PIL) No. 2/2025 Submitted by Executive Engineer, Kerala Water Authority before the Hon’ble High Court of Kerala dated 11.08.2025.

Document Copy of the Status Report on case W.P. (PIL) No. 2/2025 Submitted by Managing Director, Kerala Water Authority before the Hon’ble High Court of Kerala dated 23.08.2025.

APPENDIX OF WP(PIL) NO. 62 OF 2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 15.12.2023

Exhibit P2 THE TRUE COPY OF THE REPRESENTATION DATED 21.12.2023 WAS SUBMITTED TO THE 2ND RESPONDENT ALONG WITH ENGLISH TRANSLATION

Exhibit P3 TRUE COPY OF THE POSTAL RECEIPTS OF SUCH COMMUNICATION

Exhibit P4 TRUE COPY OF THE REPLY ISSUED FROM THE 1ST RESPONDENT OFFICE TO THE PETITIONER DATED 19.05.2025

Exhibit P5 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER HEREIN TO 3RD AND 4TH RESPONDENTS DATED 26.05.2025

Exhibit P6 TRUE COPY OF THE ORDER IN W.P. (C) NO. 36773/2023 DATED 21.12.2023

Exhibit P7 TRUE COPY OF THE ORDER IN W.P. (C) NO. 36773/2023 DATED 02.12.2024

THE PERIOD 01.06.2025 TO 11.06.2025