Petitioner sought police protection for diging a 90-meter bore-well despite N.O.C. and permit. Court declined discretion, holding that ground water scarcity and local objections preclude approval.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 06TH DAY OF JUNE 2019 / 16TH JYAISHTA, 1941
WP(C). No.7925 of 2019
PETITIONER:
SUHARA, AGED 50 YEARS
W/O.SHAFEER, AYYARIL, VAKKIVATTOM, POOVATHUMKADAVU, VALLIVATTOM, VAKKERI P.O., THRISSUR DISTRICT.
BY ADVS.
SRI.A.S.DHEERAJ SRI.P.V.JEEVESH
RESPONDENTS:
3 BAIJU A.R., S/O.RAMAN, AKKILI PARAMBIL HOUSE, VALLIVATTOM P.O., THRISSUR DISTRICT, PIN-680123.
ADDL. VELLANGALLUR GRAMA PANCHAYATH,
R4 REPRESENTED BY ITS SECRETARY, VELLUKARA POST, VALLANGALLUR, THRISSUR DISTRICT, PIN-680662.
[ADDL.R4 IS IMPLEADED AS PER ORDER DATED 05.04.2019 IN IA.2/2019 IN WPC 7925/2019.
BY SR.PP. SRI.P.P. THAJUDHEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C). No.7925 of 2019
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JUDGMENT
K. Vinod Chandran, J.
The petitioner is before this Court seeking police protection for digging a bore-well, for which she has permit as per Ext.P2. It is the contention of the petitioner that the 3rd respondent is obstructing such construction. This Court had directed impleadment of the local authority, which was carried out as addl. 4th respondent. No process has been taken on the 3rd and addl. 4th respondents. Further, we notice that the right, the petitioner seeks to exercise, is to extract water from 90 meters depth. Especially keeping in mind the alarming situation at present of the receding ground water table, we are of the opinion that there could be no police protection granted to carry on the said activity, especially when the local residents are objecting to it, obviously for reason of dearth of water in the wells.
WP(C). No.7925 of 2019
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We hence decline discretion and reject the
writ petition.
Sd/-
K. VINOD CHANDRAN, JUDGE.
Sd/V.G. ARUN, JUDGE.
sp/06/06/19
//True Copy//
P.A. To Judge
WP(C). No.7925 of 2019
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE N.O.C. EXHIBIT P2 THE TRUE COPY OF THE PERMIT FROM THE VENGALLUR GRAMA PANCHAYATH. EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION DATED 28.12.2018 GIVEN TO THE 1ST RESPONDENT. EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION DATED 28.12.2018 GIVEN TO THE 2ND RESPONDENT.
2 issues framed by the court
Whether police protection can be granted for digging a bore-well to extract water from 90 meters depth when local residents object due to water scarcity.
Whether the apprehension of obstruction by respondents justifies granting police protection for an activity requiring N.O.C. and permit.
Suhara
The District Police Chief, Rural, Kalyannagar
The Inspector of Police, Thrissur
Bairu A.R.
Addl. Vellangallur Grama Panchayath
K. Vinod Chandran
V. G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
