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2013 Supreme(Ker) 203

High Court of Kerala
K.M. JOSEPH & K. RAMAKRISHNAN, JJ.
Muraleedharan
Versus
The Superintendent of Police (Rural), Thiruvananthapuram & Others
WP(C).No. 7208 of 2013 (A)
Decided On : 27-03-2013

Advocates Appeared:
For the Petitioner:C.R. Sivakumar, Advocate.
For the Respondents:R1 to R3, Mohammed Shah, Government Pleader, R4 -R10, Sasthamangalam S. Ajithkumar, Advocate.

Headnote:Punchayat Building Rules, 2011 (Kerala), Rule 10(xiii) and (xiv) - Writ cannot be passed to any authority to act in violation to the law where the petitioner perusing mandamus without the permit under rule 91.

Judgment :-

K.M. Joseph, J.

1. Petitioner has approached this Court seeking the following reliefs:

"i. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1 to 3 respondents to give adequate police protection to the life and properties of petitioner.

ii. Issue a writ of mandamus or any other appropriate writ, order or direction, directing 2nd and 3rd respondents to take appropriate action against the 4 to 10 respondents, if they are making objection/protest to the proposed digging of bore well by the petitioner in his landed premise based on Ext.P3 advice from the ground water department.

iii. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2 and 3 respondents to take appropriate action upon the Exhibit P5 complaint preferred by the petitioner against 4 to 10 respondents and also declare that there is no valid permit required for digging bore well in Madavoor Grama Panchayat, which is not a graded Panchayat or which is not a notified area as per Kerala Ground Water (Control and Regulation) Act, 2002."

2. Briefly put, the case of the petitioner is as follows:

Petitioner is a non-resident Indian, working at Saudi Arabia from the last 12 years. Petitioner got a piece of property as his ancestral property by way of settlement deed in the year 1990. The total extent of the land is 45 cents. The land is comprised in Sy.No.365/1 of Madavoor Village, Chirayinkeezhi Taluk. Petitioner is now constructing residential building in the land mentioned above. The building work is almost complete and the petitioner's family is residing in the said building for the last two years. The open well of the petitioner in the landed premise is filled with black rock, which resulted to further rising of the depth of the open well. In such situation, the petitioner tried to dig a bore well in the proposed building site which caused protest from the part of the 4 to 10 respondents. A number of bore wells were dug recently in the nearby locality of the petitioner and no protest were raised from the part of the 4 to 10 respondents, on the sole reason that they are their relatives. Now, a threat of life persist from the part of the 4 to 10 respondents, which cause too much difficulty and hardship to the petitioner and his family members. In such situation, the petitioner is before us.

3. Counter Affidavit is filed by respondents 4 to 10, stating, inter alia, that the petitioner has not received permission from the Ground Water Authority and the Madavur Panchayat is a necessary party to the Writ Petition. The party respondents are persons living in the neighbourhood and their source of drinking water is from the well and if bore well is dug, it will lower the water table and will result in the wells of the party respondents to be dried up. Several bore wells which were dug, caused the water table to go lower and thus the wells began getting dried up. The single biggest source of ground water depletion and lowering of the water table is over-pumping. Water enters underground water supplies through seepage of rainwater and run off and from the beds of bodies of water. The water travels slowly through layers of soil and rock before finally reaching the water table. Along the way, it is filtered and purified. That process can take a considerable amount of time, depending on the depth of the water table, the make up of the surrounding rock and the amount of water seeping into the soil. If the water does not have a chance to replenish itself after it is pumped out, the water table will drop and the band of water in the ground under the water table will shrink. If over-pumping occurs over a long period, wells will run dry. It is stated that the petitioner came to dig the bore well in the night hours and the party respondents have not caused any resistance as alleged and that they did not take the law and order into their hands.

4. Petitioner has filed a Reply Affidavit. Therein, it is st

















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