Mathew Abraham vs State Of Kerala
2024 Latest Caselaw 9972 Ker

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

petitioners to challenge the said grant of approval in

appropriate proceedings.

Sd/-

EASWARAN S. JUDGE

vv

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.