In this writ petition regarding alleged unauthorized groundwater extraction by the eighth respondent, the High Court directed the fifth respondent to consider the filed complaint within one month.
Directing the fifth respondent to consider the petitioner's complaint (Ext.P1) in accordance with law within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 27TH DAY OF NOVEMBER 2019 / 6TH AGRAHAYANA, 1941 WP(C).No.27227 OF 2019(C)
PETITIONER:
SHAMEM M.S. AGED 36 YEARS S/O.MAITHEEN KANNU (LATE), 14TH WARD, SHREE NILAYAM, NEAR ANGANWADI SEWA KENDRA, KUZHIVELIPPADY, ALUVA, ERNAKULAM-683561.
BY ADVS. SRI.A.X.VARGHESE SRI.A.V.JOJO
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF WATER RESOURCES, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
2 KERALA STATE GROUND WATER DEPARTMENT, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF WATER OF RESOURCES, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
3 THE SECRETARY, REVENUE & DISASTER MANAGEMENT, KERALA STATE DISASTER MANAGEMENT AUTHORITY, OBSERVATORY HILLS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, 695033.
4 THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD, ERNAKULAM-682030.
6 EDATHALA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, ALUVA-PUKKATTUPADY ROAD, EDATHALA, ALUVA, KERALA-683563.
WP(C).No.27227 OF 2019(C)
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7 THE EXECUTIVE ENGINEER- ALUVA DIVISION, KERALA WATER AUTHORITY ALUVA, PIPELINE ROAD, PERIYAR NAGAR, ALUVA, KERALA-683101.
9 PRADEEP KUMAR, S/O.THANKAPPAN NAIR, WORKING IN KSEB, KOLOTH VEEDU, NEAR ANGAWADI SEWA KENDRA, KUZHIVELIPPADY, EDATHALA P.O., NEAR KMJ HALL, ERNAKULAM -683561.
R1-5 BY GOVERNMENT PLEADER R6 BY SRI.RAAJESH S.SUBRAHMANIAN, SC, EDATHALA GRAMA PANCHAYATH R7 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY
SMT.PRINCY XAVIER - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.27227 OF 2019(C)
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W.P.(C) No.27227 of 2019
J U D G M E N T
The grievance of the petitioner in the writ petition concerns the alleged unauthorized extraction of ground water through bore wells by the eighth respondent. Ext.P1 is the complaint preferred by the petitioner in this connection to the fifth respondent. The limited prayer made by the learned counsel for the petitioner, when this matter was taken up, was for a direction to the fifth respondent to take a decision on Ext.P1 complaint.
Having regard to the facts and circumstances of this case, I deem it appropriate to dispose of the writ petition directing the fifth respondent to consider Ext.P1 complaint in accordance with law, within one month. Ordered accordingly.
P.B.SURESH KUMAR, JUDGE.
PV
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MASS PETITION DATED 25.08.2019. EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 2.10.2019. EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 2.10.2019. EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 07.04.2019.
RESPONDENTS' EXHIBITS: NIL
\TRUE COPY//
PA TO JUDGE
PV
1 issue framed by the court
Whether the fifth respondent has a duty to a."consider the complaint regarding alleged unauthorized extraction of groundwater."
Shamem M.S.
State of Kerala
Kerala State Ground Water Department
Secretary, Revenue & Disaster Management
District Collector, Ernakulam
Senior Hydrogeologist and District Officer
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
