Point of Law: Section 2(1)(h) of Act, 2002 defines “user of ground water” as any person using ground water from a pumping well for any purpose including domestic purpose.

JUDGMENT :

1. The petitioners in these writ petitions are Entrepreneurs who are engaged in the business of distributing drinking water in and around Thrikkakara and Ernakulam. They are aggrieved by the orders/notices issued by the Thrikkakara Municipality restraining them from carrying out the activity of distribution of drinking water.

2. The petitioners have obtained registration under the Food Safety and Standards Act, 2006 for doing retail business in Water Supply. The registration is to commence and carry on food business. While the petitioners were doing business, on the basis of certain complaints, they were served with notices of the Secretary to the Municipality and were heard in the matter. The petitioners were required to obtain necessary permissions from related Government Departments.

3. The petitioners were thereafter served with notices directing them to produce consent letters/certificates as prescribed by the Government for running centres for distributing drinking water. Though the petitioners submitted applications to the Ground Water Department seeking consent, no such consent was granted. The petitioners learnt that there is no clarity on the issue of grant of such consents under the Kerala Ground Water (Control and Regulation) Act, 2002 and the Departmental officials have requested the Government for instructions and guidelines.

4. The petitioners pointed out that the District Collector, Ernakulam had issued a Circular dated 10.02.2017 requiring that police authorities or Panchayat officials shall not interfere with distribution of drinking water without the permission of District Administration. In spite of that, the Municipal authorities are preventing the petitioners from engaging in legitimate activities, contend the petitioners.

5. The 5th respondent-Municipality filed a Statement opposing the writ petitions. The 5th respondent submitted that the necessity of consent/sanction to be obtained for extraction of ground water has already been considered and settled by a Division Bench of this Court in W.P.(C) No.31390 of 2018. This Court found that the Kerala Ground Water (Control and Regulation) Act, 2002 is a self contained code. The Division Bench of this Court has found that the State as well as District Administration and Local Bodies are duty bound to ensure that the commercial establishments are not exploiting ground water to unprecedented level and establish such units for withdrawing ground water without adequate NOC from the statutory authorities.

6. The Division Bench has directed the State Government and District Administration and Local Bodies to ensure that commercial establishments are operated only in terms of the Act, 2002, the Rules, 2004 and other notifications and guidelines issued by the Central Government, State Government and Authority under the Disaster Management Act, 2005. Pursuant to the judgment, the District Collector has issued an Order dated 08.04.2022 under which the 5th respondent and other local bodies have been directed to stop the functioning of the business concerns extracting ground water and doing business commercially without the permission of the Ground Water Authority forthwith. None of the petitioners have obtained permission from the Ground Water Authority and therefore the action of the 5th respondent is perfectly legal and justified.

7. I have heard the learned counsel for the petitioners, the learned Government Pleader representing the State of Kerala and the respective learned Standing Counsel representing the Kerala Water Authority and the Thrikkakara Municipality.

8. The Kerala Ground Water (Control and Regulation) Act, 2002 (hereinafter referred to as “the Act, 2002”) has been enacted to provide for the conservation of ground water and for the regulation and control of its extraction and use in the State of Kerala. The law makers noted that in certain areas of the State, the tendency of indiscriminate extraction of ground water is continuing and it is fel