Kerala High Court
Mathew Abraham vs State Of Kerala on 5 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 144 OF 2018
PETITIONERS:
1 MATHEW ABRAHAM
AGED 45, S/O.P.M.ABRAHAM, PARAPPATHU
ADIMURIYIL,KONNAPPARA, PAYYANAMON P.O., PATHANAMTHITTA
DISTRICT-
2 KAMALASANAN K.K.
AGED 53, S/O.LATE SUKUMARAN, KUMBILINKAL,KONNAPPARA,
PAYYANAMON P.O., PATHANAMTHITTA DISTRICT-
3 THOMAS VARGHESE
AGED 47, S/O.LATE VARGHESE, THEKKECHARUVIL,KONNAPPARA,
PAYYANAMON P.O., PATHANAMTHITTA DISTRICT-
4 YUSUFF
AGED 55, S/O.LATE AHAMMED, CHERIKKAL,KONNAPPARA,
PAYYANAMON P.O., PATHANAMTHITTA DISTRICT-
5 SOMARAJAN ACHARI
AGED 61, S/O.LATE RAJAN ACHARI,
KARIMPITTAYIL,ATHUMBUMKULAM P.O.,
KONNAPPARA,PATHANAMTHITTA DISTRICT.
6 SHAMSUDEEN C.
AGED 60, S/O.LATE SAHIB ROWTHER,
PUTHENVEEDU,KONNAPPARA, PAYYANAMON P.O.,
PATHANAMTHITTA DISTRICT-
BY ADV
SRI.V.PHILIP MATHEW
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF WATER RESOURCES,
KERALA GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM -695 001.
WP(C) NO. 144 OF 2018 -2-
2 DISTRICT COLLECTOR PATHANAMTHITTA-689 645.
3 DISTRICT MEDICAL OFFICER
PATHANAMTHITTA - 689 645.
4 THE DISTRICT OFFICER
GROUND WATER DEPARTMENT, KUMBAZHA MURI
P.O,PATHANAMTHITTA DISTRICT -689 653.
5 KONNI GRAMA PANCHAYAT
KONNI, PATHANAMTHITTA DISTRICT -689
691,REPRESENTED BY ITS SECRETARY.
6 THE SECRETARY KONNI GRAMA PANCHAYAT
KONNI, PATHANAMTHITTA DISTRICT -689 691.
7 TOM MATHEW SO.MATHEW
CHENGULATHU HOUSE, ADUKAD, PAYYANAMON
P.O,PATHANAMTHITTA DISTRICT -689 692.
BY ADVS.
SRI.SUNIL JACOB JOSE
V.K.SUNIL
SRI.JACOB P.ALEX
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 144 OF 2018 -3-
JUDGMENT
The present writ petition is filed questioning the act of the 7th respondent in proposing to construct a well for the purpose of drinking water in adjacent to the quarry which is conducting. The grievance of the petitioners is that if the construction of the well is proceeded with it will deplete the source of drinking water in the nearby.
2. The above writ petition was taken up for consideration on 27.03.2024 and the seventh respondent was directed to produce the permission which he has obtained.
3. A counter affidavit has been placed on record on 01.04.2024 in which the seventh respondent has produced a cite approval and building permit for the construction of the well by the Konni Grama Panchayat.
In view of the above, I deem it appropriate to close the writ petition without prejudice to the right of the WP(C) NO. 144 OF 2018 -4- petitioners to challenge the said grant of approval in appropriate proceedings.
Sd/-
EASWARAN S. JUDGE vv WP(C) NO. 144 OF 2018 -5- APPENDIX OF WP(C) 144/2018 RESPONDENT EXHIBITS EXHIBIT R7(A) TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT DATED 24.04.2023 ISSUED BY 6TH RESPONDENT PETITIONER EXHIBITS EXHIBIT P1 COPY OF NO OBJECTION CERTIFICATE DATED 18.04.2005 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P2 COPY OF REPRESENTATION DATED 12.12.2017 SUBMITTED BEFORE THE 2ND RESPONDENT EXHIBIT P3 COPY OF REPRESENTATION DATED 20.12.2017 SUBMITTED BEFORE THE 4TH RESPONDENT EXHIBIT P4 COPY OF THE REPRESENTATION BEFORE THE 6TH RESPONDENT.