Kerala High Court
Ashokan.P vs The District Collector on 24 October, 2025
Author: N. Nagaresh
Bench: N.Nagaresh
2025:KER:79051
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 24TH DAY OF OCTOBER 2025 / 2ND KARTHIKA, 1947
WP(C) NO. 8596 OF 2025
PETITIONER:
ASHOKAN.P
AGED 54 YEARS
S/O. PURUSHOTHAMAN,
RESIDING AT CHARUVILA PUTHEN VEEDU,
PORUNTHAMAN, PULIMATH .P.O,
CHIRAYANKEEZHU TALUK,
THIRUVANANTHAPURAM, PIN - 695612
BY ADVS.
SRI.G.P.SHINOD
SRI.GOVIND PADMANAABHAN
SHRI.AJIT G ANJARLEKAR
SHRI.ATUL MATHEWS
SMT.GAYATHRI S.B.
SRI.K.S.VINOD
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, 2ND FLOOR, CIVIL STATION BUILDINGS,
KUDAPPANAKUNNU, THIRUVANANTHAPURAM, PIN - 695043
2 KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY SECRETARY, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
3 GROUND WATER DEPARTMENT
REPRESENTED BY THE DISTRICT OFFICER,
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OFFICE OF THE DISTRICT OFFICER,
JALAVIJNANA BHAVAN AMBALAMUKKU, KOWDIAR.P.O,
THIRUVANANTHAPURAM, PIN - 695003
4 MUDAKKAL GRAMA PANCHAYAT
REPRESENTED BY THE SECRETARY, CHIRAYANKEEZHU,
THIRUVANANTHAPURAM, PIN - 695103
5 A.MUHAMMAD SALI
AGED 75 YEARS
S/O. ABDUL KARIM, CHARUVILA PUTHEN VEEDU,
PALLIMUKK, OORUPOYKA P.O, EDAKKODE VILLAGE,
CHIRAYANKEEZHU TALUK,
THIRUVANANTHAPURAM, PIN - 695104
* ADDL.6 UMAIBA BEEVI S.M
AGED 67 YEARS, W/O. LATE A. MUHAMMED SALI,
RESIDING AT CHERUVILA PUTHENVEEDU, PALLIMUKKU,
OORUPOIKA (P.O), THIRUVANANTHAPURAM,
PIN 695 104
* ADDL.7 SAJIN MOHAMMED
AGED 37 YEARS, S/O. LATE A. MUHAMMED SALI,
RESIDING AT CHERUVILA PUTHENVEEDU, PALLIMUKKU,
OORUPOIKA (P.O), THIRUVANANTHAPURAM,
PIN 695 104
(ADDITIONAL RESPONDENTS 6 AND 7 ARE IMPLEADED
AS PER ORDER DATED 24.06.2025 IN I.A. NO.2/2025
IN WP(C)8596/2025).
BY ADV
SHRI.JAWAHAR JOSE
SRI. T. NAVEEN
SRI. RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.10.2025, ALONG WITH WP(C).36462/2025, THE
COURT ON 24.10.2025 DELIVERED THE FOLLOWING:
2025:KER:79051
W.P.(C) Nos.8596 & 36462 of 2025
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 24TH DAY OF OCTOBER 2025 / 2ND KARTHIKA, 1947
WP(C) NO. 36462 OF 2025
PETITIONERS:
1 UMAIBA BEEVI S.M,
AGED 67 YEARS
W/O. LATE A. MUHAMMED SALI,
RESIDING AT CHERUVILA PUTHENVEEDU,
PALLIMUKKU, OORUPOIKA (P.O),
THIRUVANANTHAPURAM, PIN - 695104
2 SAJIN MOHAMMED
AGED 37 YEARS
S/O. LATE A. MUHAMMED SALI,
RESIDING AT CHERUVILA PUTHENVEEDU,
PALLIMUKKU, OORUPOIKA (P.O),
THIRUVANANTHAPURAM, PIN - 695104
BY ADVS.
SHRI.JAWAHAR JOSE
SHRI.SANAND RAMAKRISHNAN
SHRI.AUGUSTINE P.
SMT.CISSY MATHEWS
SHRI.GREGORY PRINCE MYLADI
SHRI.THOMAS MARTIN K.
RESPONDENTS:
1 THE STATE GROUND WATER AUTHORITY
REPRESENTED BY ITS CHAIRMAN (SECRETARY,
WATER RESOURCES DEPARTMENT) JALAVIJNANA BHAVAN,
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AMBALAMUKKU, KOWDIAR (P.O),
THIRUVANANTHAPURAM, PIN - 695003
2 THE DIRECTOR
GROUND WATER DEPARTMENT, 3RD FLOOR,
JALAVIJNANA BHAVAN, AMBALAMUKKU, KOWDIAR (P.O),
THIRUVANANTHAPURAM., PIN - 695003
3 THE DISTRICT OFFICER, THIRUVANANTHAPURAM
GROUND WATER DEPARTMENT, 3RD FLOOR,
JALAVIJNANA BHAVAN, AMBALAMUKKU, KOWDIAR (P.O),
THIRUVANANTHAPURAM., PIN - 695003
4 ASHOKAN P,
AGED 54 YEARS
S/O. PURUSHOTHAMAN,
RESIDING AT CHERUVILA PUTHENVEEDU,
PORUNTHAMAN, PULIMATH (P.O), CHIRAYANKEEZHU
TALUK, THIRUVANANTHAPURAM, PIN - 695612
5 THE MUDAKKAL GRAMA PANCHAYAT
REPRESENTED BY THE SECRETARY,
CHIRAYANKEEZHU (P.O),
THIRUVANANTHAPURAM., PIN - 695103.
BY ADV.
SRI. RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.10.2025, ALONG WITH WP(C).8596/2025, THE
COURT ON 24.10.2025 DELIVERED THE FOLLOWING:
2025:KER:79051
W.P.(C) Nos.8596 & 36462 of 2025
:5:
N. NAGARESH, J.
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W.P.(C) Nos.8596 & 36462 of 2025
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Dated this the 24th day of October, 2025
JUDGMENT
~~~~~~~~~
W.P.(C) No.8596/2025 has been filed by the
petitioner, who is owner of 8.55 Ares of property in Re-survey
No.13/1 and 10.13 Ares of property in Re-survey No.15/1 in
Block No.44 of Ilamba Village. The petitioner's wife Sindhu
alias Rajasree purchased 8.09 Ares of property in Re-survey
No.13/1/1 and 21.87 Ares of property in Re-survey No.15/1 in
Ilamba Village. In the year 2015, the petitioner's wife started
a mineral water manufacturing unit in the property availing
loan from State Bank of India pledging her property. Due to
Covid outbreak, the unit went into loss and the State Bank of
India auctioned the property. The 5th respondent purchased
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W.P.(C) Nos.8596 & 36462 of 2025
the property in auction in the year 2023.
2. Taking advantage of the fact that there were
no explicit physical boundaries separating the properties of
the petitioner and his wife, the State Bank of India attempted
to trespass into the petitioner's land. The petitioner hence
filed OS No.131/2023 in the Munsiff's Court, Attingal.
3. As a counter blast, the 5th respondent filed
OS No.588/2023 seeking injunction restraining the petitioner
and his wife from trespassing upon the properties purchased
by him. As the 5th respondent questioned the title of the
petitioner to his property, the petitioner filed OS No.463/2024
for declaration, fixation of boundaries and consequential
injunction.
4. The 5th respondent applied for permit to start
factory from the Kerala Industrial Single Window Clearance
Board. The petitioner submitted Ext.P4 representation before
the 1st respondent-Chairman of the Board raising objections
and requesting to hear the petitioner before any decision is
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W.P.(C) Nos.8596 & 36462 of 2025
taken on the petitioner's request. Ext.P4 representation has
not been considered by the 1st respondent. The petitioner
seeks to command the 1st respondent to dispose of Ext.P4
expeditiously.
5. W.P.(C) No.36462/2025 has been filed by
additional respondents 6 and 7 in W.P.(C) No.8596/2025
seeking to direct the State Ground Water Authority to finalise
the proceedings placed before the said authority as regards
grant of no objection to the petitioners for establishing a
packaged drinking / mineral water business, within a time
frame.
6. Additional respondents 6 and 7 are the wife
and son respectively of the 5th respondent. Additional
respondents 6 and 7 submitted that the 5th respondent
purchased the property in question through a SARFAESI
proceedings. There are civil suits pending, regarding the
property. The wife of the petitioner in W.P.(C) No.8596/2025
was conducting a packaged drinking / mineral water business
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in the said property.
7. The petitioner raised various objections
against starting of packaged drinking / mineral water business
by additional respondents 6 and 7. The Grievance Redressal
Committee under the Kerala Industrial Single Window
Clearance Boards and Industrial Township Area Development
Act, 1999 required the Village Officer to measure the property
of additional respondents 6 and 7. Measurements were
carried out. The Grievance Redressal Committee conducted
a pumping test. The results of the test was in favour of
additional respondents 6 and 7.
8. The Grievance Redressal Committee, in
their meeting held on 19.07.2025, decided to place the report
before the State Ground Water Authority. However, the State
Ground Water Authority has not taken any decision so far.
Additional respondents 6 and 7 seek to direct the State
Ground Water Authority to finalise the proceedings for grant
of no objection to them.
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W.P.(C) Nos.8596 & 36462 of 2025
9. I have heard the learned counsel for the
petitioners and the respective Standing Counsel representing
respondents 2 to 4. I have also heard the learned counsel
appearing for additional respondents 6 and 7.
10. The wife of the petitioner in W.P.(C)
No.8596/2025 mortgaged her properties and availed a
financial advance from the State Bank of India for starting
packaged drinking / mineral water business. The petitioner's
wife could not maintain the loan account. The Bank initiated
proceedings under the SARFAESI Act. The property of the
petitioner's wife was sold by the Bank to additional
respondents 6 and 7.
11. Additional respondents 6 and 7 wanted to
start a packaged drinking / mineral water business in the
property purchased by them. The property of the petitioner is
lying contiguously. There are disputes regarding the
boundary of the property of the petitioner and of additional
respondents 6 and 7. Original Suits filed by either side are
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pending.
12. In the meanwhile, additional respondents 6
and 7 approached the District Collector. The District Collector
forwarded the matter to the District Grievance Redressal
Committee under the Kerala Industrial Single Window
Clearance Boards and Industrial Township Area Development
Act, 1999. At the instance of the Grievance Redressal
Committee, the Village Officer concerned measured the
property and submitted a report to the Committee.
13. As the clearance of State Ground Water
Authority is necessary for additional respondents 6 and 7 to
start the industrial unit, the matter was placed before the said
authority. Though the authority conducted hearings, no
decision is taken so far. As the Village Officer has measured
the property in question, I am of the view that the State
Ground Water Authority can consider the request for issuance
of no objection to additional respondents 6 and 7 for starting
the industrial unit.
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W.P.(C) Nos.8596 & 36462 of 2025
W.P.(C) No.8596/2025 is therefore disposed
of directing the State Ground Water Authority to hear the
petitioner also while taking a decision on the request made by
additional respondents 6 and 7. W.P.(C) No.36462/2025
filed by additional respondents 6 and 7 is disposed of
directing the State Ground Water Authority to finalise the
proceedings for grant of no objection to additional
respondents 6 and 7, within a period of two months.
Sd/-
N. NAGARESH, JUDGE
aks/22.10.2025
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W.P.(C) Nos.8596 & 36462 of 2025
APPENDIX OF WP(C) 8596/2025
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF PLAINT IN OS.NO.131 OF
2023 DATED 15.03.2023 OF THE MUNSIFF'S
COURT, ATTINGAL
Exhibit P2 A TRUE COPY OF PLAINT IN OS.NO.588 OF
2023 DATED 07.11.2023 BEFORE THE
MUNSIFFS COURT, ATTINGAL
Exhibit P3 A TRUE COPY OF PLAINT OS.NO.463/2024
DATED 02.09.2024 BEFORE THE MUNSIFF'S
COURT, ATTINGAL
Exhibit P4 A TRUE COPY OF REPRESENTATION DATED
01-01-2025 BEFORE THE 1ST RESPONDENT
Exhibit P5 A TRUE COPY OF THE REPRESENTATION
DATED 08-04-2025
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APPENDIX OF WP(C) 36462/2025
PETITIONER'S EXHIBITS
Exhibit-P1 TRUE COPY OF THE REGISTERED DEED DATED
29-11-2023 BEARING NUMBER 2197/1/2023
OF SRO ATTINGAL.
Exhibit -P1(a) TRUE COPY OF THE DEATH CERTIFICATE
DATED 11-4-2025 ISSUED BY THE
REGISTRAR OF BIRTHS AND DEATHS,
THIRUVANANTHAPURAM MUNICIPAL
CORPORATION.
Exhibit -P2 TRUE COPY OF ORDER DATED 12-4-2024 IN
I.A.NO.1/2023 IN O.S.NO.131/2023 OF
THE MUNSIFFS COURT, ATTINGAL.
Exhibit -P3 TRUE COPY OF ORDER DATED 15-2-2025 IN
C.M.A.NO.17/2024 OF THE SUB COURT,
COURT, ATTINGAL.
Exhibit-P4 TRUE COPY OF ORDER DATED 12--2024 IN
O. S. NO. 588/2023 OF THE MUNSIFFS'
COURT, COURT, ATTINGAL.
Exhibit -P5 TRUE COPY OF ORDER DATED 15-2-2025 IN
C.M.A.NO.18/2024 OF THE SUB COURT,
COURT, ATTINGAL.
Exhibit -P6 TRUE COPY OF THE PLAINT FILED BY THE
4TH RESPONDENT AND HIS WIFE AS
O.S.NO.463/2024, BEFORE THE MUNSIFFS'
COURT, ATTINGAL.
Exhibit -P7 TRUE COPY OF THE MINUTES OF THE
MEETING DATED 24-1-2025 OF THE
GRIEVANCE REDRESSAL COMMITTEE UNDER
THE SINGLE WINDOW CLEARANCE ACT.
Exhibit -P7(a) TRUE COPY OF THE MINUTES OF THE
MEETING DATED 6-2-2025 OF THE
GRIEVANCE REDRESSAL COMMITTEE UNDER
THE SINGLE WINDOW CLEARANCE ACT.
Exhibit -P8 TRUE COPY OF THE REPRESENTATION DATED
1-1-2025 SUBMITTED BY THE 4TH
RESPONDENT TO THE DISTRICT COLLECTOR,
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THIRUVANANTHAPURAM.
Exhibit-P9 TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE GROUND WATER DEPARTMENT
IN W.P.(C).NO.8596/2025 ON THE FILES
OF THE HON'BLE COURT.
