Ambi T vs The District Officer
2021 Latest Caselaw 5585 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

                      WP(C).No.13084 OF 2020(I)

PETITIONER:
               AMBI T
               S/O.THANKAMONY NADAR,
               PINARNINNAVILAKOM THEKKARIKATHU VEEDU,MULLOOR,
               MULLOOR.P.O,THIRUVANANTHAPURAM-695521.
               BY ADVS.
               SRI.PIRAPPANCODE V.S.SUDHIR
               SHRI. AKASH S.

RESPONDENTS:
      1        THE DISTRICT OFFICER,
               DIRECTORATE OF GROUND WATER DEPARTMENT,JALAVIJNANA
               BHAVAN,
               THIRD FLOOR,AMBALAMUKKU,
               KOWDIAR.P.O,THIRUVANANTHAPURAM-695033.
      2        DISTRICT COLLECTOR
               THIRUVANANTHAPURAM,SECOND FLOOR,
               CIVIL STATION BUILDING,THIRUVANANTHAPURAM-695043.
      3        THE VILLAGE OFFICER,
               VILLAGE OFFICE,VIZHINJAM,
               THIRUVANANTHAPURAM-695521.
      4        THE ASSISTANT ENGINEER,
               KSEB SECTION OFFICE,KOTTUKAL,
               VIZHINJAM,THIRUVANANTHAPURAM-695521.
      5        THE STATION HOUSE OFFICER,
               VIZHINJAM POLICE STATION,VIZHINJAM,
               THIRUVANANTHAPURAM-695521.
      6        B.K.MADHU,
               VAYALKARA VEEDU,MULLOOR,MULLOOR.P.O,
               THIRUVANANTHAPURAM-695521.
               R6 BY ADV. SRI.K.RAJESH KANNAN


               ADV.SMT.VINITHA.B, GP
               ADV.SRI.N.SATHEESH,SC,KSEB


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.13084 OF 2020(I)

                                   2


                             JUDGMENT

Dated this the 16th day of February 2021

The writ petition is filed seeking the

following reliefs;

i) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the Respondents 1 to 4, to restrain the 6th Respondent from carrying extraction of ground water in Mulloor Village and to further restrain him from collecting and disposing sewage without required licenses and permits.

ii) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the Respondents 1 and 5 to forthwith implement Ext.P4 order.

and

iii) grant such other relief as this Hon'ble Court deems fit and proper in the circumstances of this case including the cost of this Writ Petition(Civil).

2. The learned counsel appearing for the 6th

respondent submits that ext.P4 order is already

challenged before the appellate authority and that

another order was passed on 05.02.2021 and the

petitioner has taken up both the orders before the

appellate authority and the appeal is pending

consideration.

3. The learned Government Pleader on WP(C).No.13084 OF 2020(I)

instructions submits that, on subsequent

inspections, the official respondents found that

the petitioner has not been using water for

commercial purposes.

Therefore it can not be said that the

respondents are not taking any action pursuant to

the stop memo. The petitioner would be free to

contest his case in the appeal which is pending

before the Director of Ground Water.

The writ petition is accordingly disposed of.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.13084 OF 2020(I)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 24.02.2020 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT

EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 24.02.2020 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT ON 24.02.2020

EXHIBIT P4 TRUE COPY OF THE ORDER NO.GW/DOT/398/2020 DATED 17.03.2020 OF THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE LETTER SENT BY THE PETITIONER ADDRESSED TO THE OFFICIALS OF ADANI VIZHINJAM PORT PRIVATE LIMITED.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 05.05.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE ACKNOWLEDGEMENT EVIDENCING THE RECEIPT OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT ON 15.06.2020.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE