SHAJI P.CHALY,J. - (1.)This writ petition is filed by the petitioner seeking to declare that Ext.P1 order issued by the 1st respondent dated 30.01.2017 to the extent it restrains the petitioner from drawing and pumping water for irrigation from Chittur river is in violation of the fundamental rights guaranteed under Articles 14, 19(1)(g) and 21 of the Constitution of India, and seeking other related reliefs. Material facts for the disposal of the writ petition are as follows:
(2.)Petitioner had obtained a permission to pump water from the Chittur river at the Adukkatha Challa area for irrigation of land where coconut, arecanut etc. are planted, from the concerned authorities and a 25 HP motor was installed, duly sanctioned by the Kerala State Electricity Board. On 30.01.2017, 1st respondent has issued Ext.P1 order directing the KSEB to disconnect connections for Coconut Plantations, which are used for Toddy production. Accordingly, on the strength of the order passed by the 1st respondent, the Assistant Engineer, KSEB, viz., 3rd respondent issued a communication to the petitioner, directing him to produce permission from the concerned Department for pumping water from the river, which the petitioner did. However, without any notice to the petitioner, all on a sudden, on 09.02.2017, the connection was disconnected by the 3rd respondent and prepared a mahazar for the same. Since then the petitioner is denied right to use water for any agricultural operations, it has adversely affected the existing coconut, arecanut and other plantations. According to the petitioner, the action violates the rights of the petitioner to carry on the agricultural operations by using the natural resources and to eke out his livelihood. It is also stated that the persons who are dependent on the petitioner are also put to difficulties consequent to the present action of the 1st respondent, on the basis of Ext.P1.
(3.)First respondent has filed a counter affidavit refuting the allegations and claims and demands raised by the petitioner. It is submitted that, after a careful evaluation of the deficit in South West Monsoon season, the Kerala State Disaster Management Authority has recommended for the declaration of drought in all Districts in the State of Kerala. The Government of Kerala issued an order taking note of the aforesaid situation, declaring all the 14 Districts in the State of Kerala as meteorologically drought affected, evident from Ext.R1(a). On the basis of the aforesaid order, the District Management Authority of each District is duty bound to take all necessary steps to mitigate the severity of the situation, and the District Disaster Management Authority, is the authority vested with the powers under the Disaster Management to do the needful to mitigate the disaster.