Katheejakunjahamed vs State Of Kerala
2023 Latest Caselaw 10841 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
 THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                      WP(C) NO. 34184 OF 2023
PETITIONER:

             KATHEEJAKUNJAHAMED
             AGED 55 YEARS
             W/O.KUNJAMED,
             KOZHIPURATH KANIYAMAPARAMBIL HOUSE,
             PUNNAYURKULAM, PIN - 679 564.
             BY ADVS.
             SURESH C.
             SAJITH T.
RESPONDENTS:

    1        STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF
             KERALA, DEPARTMENT OF LOCAL SELF GOVERNMENT,
             GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695 001.
    2        PUNNAYURKULAM GRAMA PANCHAYAT
             PUNNAYURKULAM.P.O, THRISSUR DISTRICT,
             REPRESENTED BY ITS SECRETARY., PIN - 679 561.
    3        DISTRICT OFFICER
             GROUND WATER DEPARTMENT, CIVIL STATION,
             THRISSUR, PIN - 680 003.
    4        THE COMMISSIONER OF POLICE
             SAKTHANTHAMPURAN NAGAR,
             VELIYANNUR, THRISSUR, PIN - 680 022.
    5        THE STATION HOUSE OFFICER
             VADAKKEKKAD POLICE STATION, ANDATHODE
             P.O.THRISSUR,, PIN - 679 564.
    6        JASMIN SHAHEER
             PRESIDENT, PUNNAYURKULAM GRAMAPANCHAYATH,
             P.O PUNNAYURKULAM,THRISSUR DISTRICT - 679 561.
    7        HAJARA, MEMBER WARD NO.9
             PUNNAYURKULAMGRAMAPANCHAYATH, PUNNAYURKULAM.PO,
             THIRISSUR, PIN - 679561
             BY ADV SANTHOSH P.PODUVAL
             SR.GP.K.AMMINIKUTTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.10.2023,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP© 34184/2023

                                                  2



                           BECHU KURIAN THOMAS, J
                      ......................................................
                              W.P.(C).No.34184 of 2023
                       ...................................................
                    Dated this the 19th day of October, 2023


                                       JUDGMENT

Petitioner is challenging Ext.P7 communication, issued by the

2nd respondent allegedly staying all further constructions,

pursuant to the permission granted to construct a bore well.

2. I have heard Sri.Suresh C., the learned counsel for the

petitioner as well as Sri.Santhosh Poduval, the learned Standing

Counsel for the Panchayat apart from Smt.Amminikutty K., the

learned Senior Government Pleader.

3. Though petitioner was granted a permit to construct a bore

well on 26.07.2023, it is noticed from Ext.P6 that an appeal

has been preferred by the local residents before the Panchayat

Committee expressing their apprehension about the depletion of

ground water resources due to the proposed bore well. Further,

Ext.P6 reveals that the Panchayat Committee while considering

the appeal found prima facie merit in the contentions of the WP© 34184/2023

appellants, and therefore, in order to maintain status quo, till

the disposal of the appeal; directed the petitioner not to carry

on any activity pursuant to the site approval and building

permit, issued as per Ext.P3.

4. Though petitioner has assailed only Ext.P7 in this writ petition,

the actual order issued by the Panchayat is evident from

Ext.P6, while Ext.P7 is only a communication intimating the

order of the Panchayat Committee. The decision taken as seen

from Ext.P6 is only as an interim measure to protect the

subject matter of the appeal, till it is considered finally.

5. Having regard to the above circumstances and considering the

nature of challenge raised, which is confined only to Ext.P7

while the actual decision is taken as per Panchayat Committee

rsolution, I am of the view that there is no merit in the writ

petition. Therefore, the writ petition is dismissed.

BECHU KURIAN THOMAS JUDGE AMV/19/10/2023 WP© 34184/2023

APPENDIX OF WP(C) 34184/2023

PETITIONER EXHIBITS EXHIBIT P 1 TRUE COPY OF PROCEEDINGS IN NO.DGT/776/2023 BY DISTRICT OFFICER, GROUND WATER DEPARTMENT, THRISSUR, DATED 18.04.2023 EXHIBIT P 2 TRUE COPY OF ACKNOWLEDGMENT FOR RECEIPT OF MONEY DATED 10.04.2023 EXHIBIT P 3 TRUE COPY OF SITE APPROVAL AND BUILDING PERMIT DATED 27.07.2023 EXHIBIT P 4 TRUE COPY OF SKETCH SHOWING THE SECTORAL ELEVATION DATED 26.07.2023 EXHIBIT P 5 :TRUE COPY OF REQUEST ADDRESSED TO R4 DATED 06.09.2023 EXHIBIT P 5 (A) TRUE COPY OF REQUEST ADDRESSED TO R5 DATED 06.09.2023 EXHIBIT P 5( B) TRUE COPY OF RECEIPT OF REQUEST BY R5 ,DATED 07.09.2023 EXHIBIT P 6 EXHIBIT P6 : TRUE COPY OF COMMUNICATION BY SECRETARY, GRAM PANCHAYAT DATED 14.08.2023 EXHIBIT P7 :TRUE COPY OF STAY ORDER DATED 24.08.2023 EXHIBIT P 8 TRUE COPY OF EXTRACTS OF RULE 75(5) OF KERALA PANCHAYAT BUILDING RULES 2019 EXHIBIT 9 TRUE COPY OF KERALA GROUND WATER (CONTROL & REGULATION ACT ), 2002.

TRUE COPY