ORDER :

Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to the order dated 06.07.2009 made in proceedings No.21-4(126)/SECR/CGWA/2009-119 on the file of the 1st respondent, quash the same and consequently directing the respondents 1 to 4 herein not to permit the 5th respondent to establish and operate the packated drinking water unit at S.F.No.664/A, Nadupalayam, Mettupalayam Village, Kangayam Taluk, Tiruppur District by over exploiting the ground water for commercial purpose by causing detrimental to the ground water table in the light of the decision reported in 2009 (3) CTC 412 (SC).

(Prayer amended vide order dated 21.12.2022 made in MP.3/2011 in WP 14655/2011 by ASMJ)

The petitioner claims to be a resident engaged in active cultivation in SF Nos. 659, Nadupalayam, Mettupalayam Village, Kangayam Taluk. This writ petition has been filed in the year 2011, the petitioner lamenting the exploitation of ground water resources in Kangayam Taluk, Tiruppur District by entities engaged in commercial exploitation of water for packaged drinking water units.

2. The prayer was for a direction to the official respondents i.e., R1 to R4 not to permit R5 which is one M/s. Maruthi Distillers Private Limited from operating the packaged drinking water unit at SF No.664/A, Nadupalayam, Mettupalayam Village, Kangayam Taluk, Tiruppur District (R5/offending unit).

3. In the course of hearing initially, the respondents had brought to light the approval granted by the Tamil Nadu Ground Water Authority for setting up of R5 packaged drinking water unit and hence the prayer was amended to a writ of certiorarified mandamus challenging approval dated 06.07.2009 granted by the Central Ground Water Authority (CGWA) that reads thus:-

“Sub : No Objection for withdrawal of ground water in respect of M/s Maaruthi Distilers Pvt Ltd., for the packaged drinking water unit at Village Mettupalayam, Block Vellakoil, Taluka Kangayam, District Tirupur, Tamil Nadu –reg.

Sir,

Kindly refer to your letter-dated 22.05.2009 on the above-cited subject. As the above mentioned site falls in 'Safe Category' area on ground water resource considerations, Central Ground Water Authority has no objection for the proposed withdrawal of 37 m/day of ground water in respect of M/s. Maaruthi Distrilers Pvt Ltd., for the packaged drinking water unit at Village Mettupalayam, Block Vellakoil, Taluka Kangayam, District Tirupur, Tamil Nadu. However, taking into consideration the adverse effect of the ground water withdrawal that may arise on long term basis, the firm/industry is advised to implement Rain Water Harvesting and Conservation measures, Recycling and Re-use of water and Monitoring of the ground water levels in and around the area as per the hydrogeological investigation report. The data may be submitted to this office for perusal.

The NOC is valid till the area remains under Safe Category on ground water resource consideration, or, for a period of five years from the date of issue of this letter, whichever is earlier.”

4. When the matter had come up before me, after a long hiatus, I had on 21.12.2022, passed the following order:-

The prayer of the petitioner is for a mandamus directing official respondents being R1 to R4 not to permit R5, a company, to establish and operate a packaged drinking water unit in S.F.No.664/A, Nadupalayam, Mettupalayam Village, Kangayam Taluk, Tiruppur District.

2. It is the case of the 5th respondent that he does not engage in drawal of water from S.F.No.664/A but that he draws water from S.F.No.663 in the same area, which constitutes his patta land. There is thus a dispute on facts.

3. That apart, G.O.No.43 dated 24.10.2018 which deals with the estimation of ground water resources of Tamil Nadu and the categorization of firkas as, over exploited, critical, semi-c