Aishasabana vs The District Police Chief
2023 Latest Caselaw 3960 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
            THE HONOURABLE MR.JUSTICE N.NAGARESH
  THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                   WP(C) NO. 10376 OF 2023
PETITIONER:
          AISHASABANA,
          AGED 28 YEARS, W/O SHYJUDEEN,
          CHITTEDATHU VEETTIL,
          LSPO - THAMARAKULAM,
          NOORNADU SANITORIUM P.O
          ALAPPUZHA, PIN - 690504
          BY ADVS.
          R.SUNIL KUMAR
          A.SALINI LAL
          ARUN KRISHNA
          NIKITHA SURESH

RESPONDENTS:
    1     THE DISTRICT POLICE CHIEF
          SUPERINTENDENT OFFICE
          ALAPPUZHA - 688012
    2     DEPUTY SUPERINTENDENT OF POLICE
          DY.S.P OFFICE, CHENGANNUR - 689121
    3     STATION HOUSE OFFICER
          NOORNADU POLICE STATION,
          NOORNADU - 690504
    4     RAFIYATH BASHEER
          DREAM HOUSE PAYYANALLOOR,
          AATHIKKATTUKULANGARA
          ALAPPUZHA - 690504
    5     REJUBKHAN
          AMPOZHICHIRA MELETHIL,
          PAYYANALLOOR P.O
          AATHIKKATTUKULANGARA,
          ALAPPUZHA - 690504
          BY ADVS.
          E.C.BINEESH GP.
          G.RANJITA
          SHIFANA SHAFEEQ
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.10376 of 2023
                                  2



                          JUDGMENT

Dated this the 30th day of March, 2023

The petitioner along with her husband are the owners of 3.35

ares of property in Re-Survey No.639/4-28-4-2 of Palamel Village.

The petitioner wants to construct a borewell in the property and

the same is opposed by respondents 4 and 5 and their henchmen

for no conceivable reason.

2. The petitioner is aggrieved by the act of the 3 rd

respondent in not granting police protection for digging the

borewell. The petitioner is constructing a residential building in the

above property. For the household requirements, the petitioner

wants to dig a borewell in the property. She is having sanction

from the Ground Water Authority and has obtained Building

Permit. Even then, the petitioner is not able to dig the borewell.

3. The 5th respondent entered appearance through

counsel and resisted the writ petition. The 5th respondent denied W.P.(C) No.10376 of 2023

all the material allegations made by the petitioner in the writ

petition. It is pointed out that the area where the petitioner is

proposing to dig a borewell is an area where there is severe water

scarcity. Digging of a borewell by the petitioner would cause

depletion of water level to a large extent and the nearby residents

will be put to great difficulties as their limited water sources will be

dried up. Therefore, the petitioner cannot be granted any

permission or police protection for digging the borewell, it is

contended.

4. I have heard the learned counsel for the petitioner and

the learned counsel appearing for the 5th respondent.

5. From the pleadings and arguments, it is evident that the

petitioner has already obtained a Feasibility Report from the

District Officer of the Ground Water Department, as is evidenced

by Ext.P1. Ext.P1 has been issued after making due enquiries.

The petitioner has also obtained a Site Approval and Building W.P.(C) No.10376 of 2023

Permit, as can be seen from Ext.P2.

6. Therefore, when the petitioner has obtained necessary

Feasibility Certificate and Permit issued by the Grama Panchayat,

respondents 4 or 5 or anybody else cannot physically prevent the

petitioner from digging the borewell in accordance with the permits

granted. If respondents 4 and 5 have any grievance in the matter,

they will have to take their grievance before the appropriate

authority in the manner prescribed by the Statute.

In the circumstances, the writ petition is disposed of directing

the 3rd respondent to extend adequate protection to the petitioner

for digging borewell, as permitted and in accordance with Exts.P1

and P2.

Sd/-

N. NAGARESH JUDGE ams W.P.(C) No.10376 of 2023

APPENDIX OF WP(C) 10376/2023

PETITIONER'S EXHIBITS Exhibit P1 COPY OF THE SANCTION GRANTED BY THE GROUND WATER AUTHORITY TO THE PETITIONER DATED 13/2/23 Exhibit P2 COPY OF THE BUILDING PERMIT ISSUED BY THE PALAMEL GRAMA PANCHAYAT TO THE PETITIONER DATED 13/3/23 Exhibit P3 COPY OF THE COMPLIANT BEFORE THE 3RD RESPONDENT BY THE PETITIONER DATED 18/3/23