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Cherandathur Pada Shekara Samithi

High Court Of Kerala|16 December, 2014
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JUDGMENT / ORDER

----------------------- The petitioner is a Pada Sekhara Samithi within the 1st respondent Panchayat. The grievance of the petitioner is that with the aid of World Bank, Panchayat is implmenting Jalanidhi project for rural water supply under the Kerala State Rural Water Supply and Environmental Sanitation Project. The case of the petitioner is that without conducting any proper study or reasearch or negative echological impact the 1st respondent is implementing the project. The petitioner points out various negative impacts on environment, if the entire project is implemented.
2. The petitioner submits that the authority like 5th respondent should be engaged for conducting the study. The petitioner submits that the Panchayat has not conducted any study.
3. The learned counsel for the Panchayat would submit that the Panchayat is only an implementing agency. The project is of the Government. The 3rd respondent is the agency identified the Panchayat to implement the project. Based on the identification W.P.(C).No.440 of 2014
2
of the project by the 3rd respondent, the project is being implemented by the Panchayat.
4. The learned Standing Counsel for the 5th respondent would submit that it requires huge expenditure for conducting any study.
5. It is submitted by the learned counsel for the petitioner that they have set out a detailed objections before the District Collector. Ext.P14 is the representation.
6. Since the project is being implemented as a Government project, I am of the view that the District Collector shall advert to the petitioner’s representation produced as Ext.P14 after hearing the petitioner and other affected persons and take appropriate decision in the matter. Needful shall be done within a period of two months from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
A.MUHAMED MUSTAQUE, JUDGE jm/
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Title

Cherandathur Pada Shekara Samithi

Court

High Court Of Kerala

JudgmentDate
16 December, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • V A Johnson
  • Sri Unni Sebastian