Kerala High Court
Kannamkai Narayani vs State Of Kerala on 1 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
WP(C) NO. 13392 OF 2010
PETITIONER/S:
KANNAMKAI NARAYANI
AGED 52 YEARS, AGRICULTURAL WORKER, RESIDING AT,
KANNAMKAI HOUSE, P.O. KEEZHARA, PIN - 670 301,,
KANNUR TALUK, KANNUR DISTRICT.
BY ADV SRI.R.SURENDRAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,,
GROUND WATER DEPARTMENT, SECRETARIAT,,
THIRUVANANTHAPURAM.
2 KANNAPURAM GRAMA PANCHAYAT
REPRESENTED BY THE SECRETARY, KANNAPURAM GRAMA,
PANCHAYAT, P.O.CHERUKUNNU - 670 301,, KANNUR
DISTRICT.
3 THE SECRETARY
KANNAPURAM GRAMA PANCHAYAT, P.O.CHERUKUNNU,
PIN - 670 301, KANNUR DISTRICT.
4 THE DISTRICT COLLECTOR COLLECTORATE
KANNUR.
5 THE DISTRICT MEDICAL OFFICER KANNUR.
6 SRI.CHERAKKARAN SREEDHARAN
S/O. KUNHAPPA, AGED 58 YEARS, BUSINESS,,
RESIDING AT `SUHITHA NIVAS', KANNAPURAM,
PIN - 670 301, KANNUR DISTRICT.
-2-
W.P.(C). No. 13392 of 2010
7 SRI.CHERAKKARAN CHANDRAN SO. KUNHAPPA
AGED 53 YEARS, DRIVER, RESIDING AT KARAKKUNNU,,
KANNAPURAM, PIN - 670 301, KANNUR DISTRICT.
BY ADVS.
SRI.KISHOR B.
SRI.P.U.SHAILAJAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.10.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-3-
W.P.(C). No. 13392 of 2010
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 13392 of 2010 -Y
===================================================================================
Dated this the 1st day of October, 2021
JUDGMENT
The above writ petition is filed with following reliefs:
(a) Directing the respondent No.2 to 5 to take
appropriate and immediate steps to prevent
indiscriminate extraction of water from the
well belonging to the respondents No.6 and 7.
(b) Quashing Exhibit P2 order as the fundamental
right of the petitioner guaranteed under
Article 21 of the Constitution has been violated
and
(c) Any other relief that the Honourable Court
may deem fit to grant in the circumstances of
the case."
2. When this writ petition came up for consideration
on 26.05.2010, this Court directed the Ground Water
Department to inspect the area in question and file a report. It
W.P.(C). No. 13392 of 2010
will be better to extract the order dated 26.05.2010
hereunder:
"The 1st respondent shall see that the
appropriate officer of the ground Water
Department inspects the area in question and
files a report regarding the allegations of the
petitioner in the writ petition within a period
of one week.
Post after a week."
3. Based on the above direction, the Ground Water
Department conducted an inspection and submitted a report
before this Court and the same is produced with a memo by
the Government Pleader on 04.06.2010. The concluding
portion of the report reads thus:
"Conclusion
The open well of 6th respondent
Cherakkaran Sreedharan, S/o Kunhappa Sunitha
Nivas, Kannapuram is situated at a distance of
35 meter from the open well of the petitioner.
W.P.(C). No. 13392 of 2010
Hydro geologically the area is highly potential
for open wells. The representative hydrographs
of the Kannapuram area shows a slightly rising
trend of ground water level. The annual ground
water draft in the area around 200m is 3066
cubic meter and annual ground water recharge
is 13600 cubic meter. The ground water
balance is 10534 cubic meters which is a
positive indication of further ground water
extraction in this area. The area falls in
Thaliparamba block which is under safe
category of ground water estimation report.
Based on the above facts it is found that
pumping of water from the open well of 6th
respondent Cherakkaran Sreedharan, S/o
Kunhappa Sunitha Novas, kannapuram will not
affect the water levels of the nearby open wells.
However final conclusion can be made only
after conducting pump test. The quantity of
discharge from the well of 6th respondent should
be limited to a maximum of 2000 liter per day
for domestic and gardening purpose only.
Proper mechanism (flow meter) is to be installed
W.P.(C). No. 13392 of 2010
to find out the discharge and should be
monitored monthly by the concerned local
body."
4. In the light of the above finding by the Ground
Water Department, this Court passed an interim order dated
04.06.2010 and the order is also extracted hereunder:
"As directed by this Court, the District Officer of
the Ground Water Department, Kannur, has
filed a report. The conclusion therein is as
follows:
"The open well of 6th respondent
Cherakkaran Sreedharan, S/o Kunhappa
Sunitha Nivas, Kannapuram is situated at a
distance of 35 meter from the open well of the
petitioner. Hydro geologically the area is
highly potential for open wells. The
representative hydrographs of the
Kannapuram area shows a slightly rising trend
of ground water level. The annual ground
water draft in the area around 200m is 3066
cubic meter and annual ground water
recharge is 13600 cubic meter. The ground
water balance is 10534 cubic meters which is
W.P.(C). No. 13392 of 2010
a positive indication of further ground water
extraction in this area. The area falls in
Thaliparamba block which is under safe
category of ground water estimation report.
Based on the above facts it is found that
pumping of water from the open well of 6 th
respondent Cherakkaran Sreedharan, S/o
Kunhappa Sunitha Novas, kannapuram will
not affect the water levels of the nearby open
wells. However final conclusion can be made
only after conducting pump test. The quantity
of discharge from the well of 6 th respondent
should be limited to a maximum of 2000 liter
per day for domestic and gardening purpose
only. Proper mechanism (flow meter) is to be
installed to find out the discharge and should
be monitored monthly by the concerned local
body."
In the above circumstances, I direct the 6 th
respondent to instal a water meter for recording
the volume of water pumped by him from his
well, within two weeks. The 6th respondent shall
not pump more than 2000 liters of water per
day. The 3rd respondent shall ensure that the
meter runs properly and the 6th respondent
W.P.(C). No. 13392 of 2010
pumps only 2000 liters per day.
Post after two weeks."
5. Today, when the matter came up for final hearing,
the learned counsel for the petitioner reiterated his contention
in the writ petition. The learned counsel also submitted that
respondents 2 and 3 are not taking any action to implement
the interim order dated 04.06.2010. It is also submitted that if
the above order is not implemented there will be scarcity of
water.
6. The learned counsel for the 6th respondent
submitted that the order dated 04.06.2010 is complied and
there is no violation of the same and the 6th respondent has no
grievance suppose that interim order is retained and the writ
petition is closed.
7. I considered the facts in this case and the orders
passed by this Court earlier. I think in the light of the order
W.P.(C). No. 13392 of 2010
dated 04.06.2010, this writ petition can be disposed of
recording the same. There is a grievance to the petitioners that
orders dated 04.06.2010 is not implemented properly by
respondents 2 and 3. There can be a specific direction to
respondents 2 and 3 to see that the order dated 04.06.2010
passed by this Court is implemented in its letter and spirit.
Therefore, the writ petition is disposed of in the following
manner:
1) The interim order dated 04.06.2010 is
made absolute.
2) The respondents 2 and 3 are directed to see
that the direction in the order dated
04.06.2010 is implemented in its letter and
spirit.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No. 13392 of 2010
APPENDIX OF WP(C) 13392/2010
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE FACING PAGE OF THE
RATION CARD No.2366086987 DATED
24.12.2008
Exhibit P2 A TRUE COPY OF THE ORDER DATED
6.4.2005 OF THE SECOND RESPONDENT.
Exhibit P3 A TRUE COPY OF THE REPRESENTATION
DATED 22.03.2010 FILED BY THE
PETITIONER AND OTHERS BEFORE THE
SECOND RESPONDENT
Exhibit P4 A TRUE COPY OF THE CERTIFICATE ISSUED
BY THE NATIONAL SMALL INDUSTRIES
CORPORATION LTD. TO THE PETITIONER
DATED 10.12.2020.
RESPONDENT'S EXHIBITS
EXT.R6(A) A TRUE COPY OF THE PLAINT IN OS
No.326/08 BEFORE THE MUNSIFF'S COURT
KANNUR
EXT.R6(B) A TRUE COPY OF THE WRITTEN STATEMENT
WITH COUNTER CLAIM FILED BY THE 7TH
RESPONDENT IN OS No.326/08 BEFORE THE
MUNSIFF'S COURT KANNUR
EXT.R6(C) TRUE COPY FO THE COMMISSION REPORT
DATED 25.07.2008
EXT.R6(D) A TRUE COPY OF THE COMMISSION REPORT.
W.P.(C). No. 13392 of 2010
ANNEXURE A COPY OF THE INSPECTION REPORT OF THE
DISTRICT OFFICER, GROUND WATER
DEPARTMENT KANNUR.
