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2024 Supreme(Ker) 40

DEVAN RAMACHANDRAN
Sreeranj, S/o. Balakrishnan – Appellant
Versus
State of Kerala, Represented by Secretary to Government Groundwater Department – Respondent


Advocates Appeared:
For the Petitioner: Jacob Sebastian, K.V. Winston, Anu Jacob.
For the Respondent: C.D. Dileep, Sunil Nair Palakkat, K. Aboobacker Sidheeque, K.N. Abhilash, Sri. P.S. Appu, GP.

JUDGMENT :

It is now being increasingly recognized universally that ground water is an essential component of global water resources and a special type of mineral wealth – with its impact on social infrastructure, economy and environmental balance being decisive and momentous.

2. Being so, ground water is vulnerable and limited, despite its replenishable nature and vast reserves, impelling unexpendable regulations in most parts of the world; especially since uncontrolled exploitation of aquifers by even small water users can affect the ecosystems.

3. The State of Kerala also has a well thought of statutory and regulatory scheme and frame work, within which the ground water resources are governed; but alas, in some instances – as the facts of this case would illustrate – they are dealt with casually and as a mere formality.

4. This preface is to remind the statutory Regulators that when enforcing the Regulations qua ground water use, their focus ought to be on rationality, control, safety, sustainability and care for future generations.

5. The petitioner impugns Ext.P5 order issued by the 2nd respondent – Director, Ground Water Department, on the ground that the conditions imposed therei

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