High Court of KeralaWP(C)/24605/2015disposed of

Pushpamma v. The District Collector

2015-12-15Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 15TH DAY OF DECEMBER 2015/24TH AGRAHAYANA, 1937 WP(C).No. 24605 of 2015 (A) ---------------------------- PETITIONERS :

-------------------

1. PUSHPAMMA, AGED 74 YEARS, D/O.BHARGAVI, SIVAM OLLA, KOONAYI PARAVOOR, KOLLAM.

2. K.VIJAYAKUMAR, S/O.KARUNAKARAN, OLLAL, VALIYAVEETTIL THEKKATHIL KOONAYI CHERRY, PARAVOOR, KOLLAM.

BY ADVS.SRI.PRATHEESH.P SMT.S.SEETHA RESPONDENTS :

---------------------

1. THE DISTRICT COLLECTOR CIVIL STATION, KOLLAM 691 013.

2. THE DIRECTOR GROUND WATER DEPARTMENT, NEW GWD COMPLEX, AMBALAMUKKU,THIRUVANANTHAPURAM 695 005.

3. THE REVENUE DIVISIONAL OFFICER, CIVIL STATION, KOLLAM 691 013.

4. THE SECRETARY PARAVOOR MUNICIPALITY, PARAVOOR, KOLLAM 691 301.

5. THE DISTRICT OFFICER GROUND WATER DEPARTMENT, HIGH SCHOOL JUNCTION THEVALLY P.O, KOLLAM 691 013.

6. N.S.SUSHAMAN, VAZHAVILA, OLLAI, KOONAYI PARAVOOR, KOLLAM 691 301.

R1 TO R5 BY GOVERNMENT PLEADER SRI. BIJU MEENATTOOR R6 BY ADV. SRI.J.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 24605 of 2015 (A) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

COPY OF THE ORDER PASSED BY THE DISTRICT COLLECTOR (IN CHARGE) DATED 27.6.15.

EXHIBIT P2:

COPY OF THE OS 704/15 ON THE FILE OF MUNSIFF COURT, KOLLAM. EXHIBIT P3:

COPY OF THE JUDGMENT IN WPC 22271/15 DATED 30.7.15. EXHIBIT P4:

COPY OF THE REPRESENTATION FILED BY THE IST PETITIONER BEFORE THE 2ND RESPONDENT DATED 10.8.15.

EXHIBIT P5:

COPY OF THE LETTER NO.GKT/1868/2015 ISSUED BY THE R5 AND READABLE COPY.

EXHIBIT P6:

COPY OF THE APPEAL MEMORANDUM FILED BEFORE THE R2 DT 13/8/2015. (IA NO. 13369/2015) EXHIBIT P6:

COPY OF THE COMMUNICATION ISSUED BY THE R5 TO THE PETITIONR DT 11/8/2015.

RESPONDENT(S)' EXHIBITS :

---------------------------------------- EXT.R3(A):

COPY OF ORDER NO.GKT-207/15 DT 6/2/2015 OF THE R5. EXT.R3(B):

COPY OF THE LETTER DT 5/8/2015 ADDRESSED TO THE R5. EXT.R3(C):

COPY OF THE APPLICATION DT 9/9/2015 BEFORE THE STATE PUBLIC INFORMATION OFFICER, GROUND WATER DEPARTMENT, KOLLAM. EXT.R3(D):

COPY OF THE LETTER NO. G.K.T./2008/15 DT 8/10/2015 OF THE R5. //TRUE COPY// P.S. TO JUDGE bp

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.24605/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th Day of December, 2015

J U D G M E N T

The petitioner has approached this Court for the following reliefs: "i.

To issue a writ of mandamus or any other order commanding the second respondent to stop the digging of the tube well conducted by the sixth respondent without the supervision of the Ground Water Department.

ii.

To issue a writ of mandamus or any other order commanding the respondents 1 to 5 to initiate legal proceedings against the fifth respondent, who had violated the Exhibit P1 and P3 orders.

iiii.

To issue such orders as this Hon'ble Court may deem fit in the facts and circumstances of the case."

Now it is admitted by the learned counsel for the petitioner that the tube well has been constructed with the permission granted by the District Collector, Municipality as well as the Ground Water Department.

W.P.(C).No.24605/2015 -:2:- 3.

The learned counsel for the sixth respondent also admit that they have constructed tube well based on the Police protection ordered by this Court in the judgment in W.P.(C).No.22271/2015 dated 30/07/2015, produced as Ext.P3.

This Court is of the view that if at all there is any violation, it is open for the petitioner to bring it to the notice of the Ground Water Department, which will consider the same in accordance with law The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ms