Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 4TH DAY OF JANUARY 2023 / 14TH POUSHA, 1944 WP(C) NO. 4007 OF 2013 PETITIONER: THOMAS CHANDY MUKKADA HOUSE, PERUMPANACHI.P.O., CHANGANACHERRY, KOTTAYAM. BY ADV SRI.P.RAMAKRISHNAN RESPONDENTS: 1 LALA DEVASSIA ELAVUMMOOTTIL HOUSE, NALUNNACKAL PO, VAKATHANAM, KOTTAYAM-686538. 2 MADAPPALLY GRAMA PANCHAYATH MAMMOODU PO, KOTTAYAM-686536, REPRESENTED BY ITS SECRETARY. 3 THE DISTRICT COLLECTOR KOTTAYAM-686001. 4 THE REVENUE DIVISIONAL OFFICER KOTTAYAM-686001.
5 THE DISTRICT OFFICER GROUND WATER DEPARTMENT, OFFICE OF THE GROUND WATER DEPARTMENT, KOTTAYAM-686001. 6 THE GEOLOGIST OFFICE OF THE GEOLOGIST, KOTTAYAM-686001. 7 THE VILLAGE OFFICER MADAPPALLY VILLAGE, MADAPPALLY, KOTTAYAM-686546. ADDL.R8 BINDU LALU AGED 38 YEARS, W/O.LALU, RESIDING AT SNEHADEEPAM HOUSE, MYLAM VILLAGE, PULAMAN MURI, KOTTARAKKARA TALUK, NOW RESIDING AT BEHARI RESIDENCE, FLAT NO.110, MADAPPALLY VILLAGE, CHANGANASSERY TALUK. ADDL.R9 SUNI ANIL KUMAR W/O. ANILKUMAR RESIDING AT MANIVEENA HOUSE, ADICHANLLOOR VILLAGE,KOLLAM DISTRICT, NOW RESIDING AT BEHARI RESIDENCE, FLAT NO.106, MADAPPALLY VILLAGE, CHANGANASSERY TALUK
ADDL.R8 AND R9 ARE IMPLEADED AS PER ORDER DATED BY ADVS. SRI.LIJI.J.VADAKEDOM R1 SRI. LAL GEORGE R2 SRI.D.KISHORE SRI.LAL GEORGE SRI.RENJITH.T.R. -SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2023, ALONG WITH WP(C).9587/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 4TH DAY OF JANUARY 2023 / 14TH POUSHA, 1944 WP(C) NO. 9587 OF 2013 PETITIONER: K.A. VARGHESE AGED 63 YEARS S/O.LATE ABRAHAM, WARD NO.I, CHETTIPUZHA HOUSE, PERUMPANACHI P.O., CHANGANASSERY, KOTTAYAM DISTRICT. BY ADV SRI.JACOB SEBASTIAN RESPONDENTS: 1 THE DISTRICT COLLECTOR KOTTAYAM-686001. 2 THE REVENUE DIVISIONAL OFFICER KOTTAYAM 686001. 3 THE DISTRICT OFFICER GROUND WATER DEPARTMENT, OFFICE OF THE GROUND WATER DEPARTMENT, KOTTAYAM-686001.
4 THE VILLAGE OFFICER MADAPPALLY VILLAGE, MADAPPALLY, KOTTAYAM-686546. 5 MADAPPALLY GRAMA PANCHAYAT MAMMOODU P.O., KOTTAYAM, PIN 686536, REPRESENTED BY ITS SECRETARY. 6 LALA DEVASSIA ELAVUMOOTTIL HOUSE, NALLUNACKAL.P.O., VAKATHANAM, KOTTAYAM-686538. 7 THE SUB INSPECTOR OF POLICE THRICKODITHANAM POLICE STATION, KOTTAYAM DISTRICT, PIN 686105. 8 BINDU LALU AGED 38 YEARS, W/O.LALU, RESIDING AT SNEHADEEPAM HOUSE, MYLAM VILLAGE, PULAMAN MURI, KOTTARAKKARA TALUK, NOW RESIDING AT BEHARI RESIDENCE, FLAT NO.110, MADAPPALLY VILLAGE, CHANGANASSERY TALUK. ADDL.R8 IS IMPLEADED AS PER ORDER DATED 23/5/13 IN I.A. 5760/13 BY ADVS. SRI.D.KISHORE SRI.LAL GEORGE SRI.LIJI.J.VADAKEDOM SRI.RENJITH.T.R. - SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2023, ALONG WITH WP(C).4007/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
[WP(C) Nos.4007/2013, 9587/2013] These two writ petitions are connected and therefore, I am disposing of these two writ petitions by a common judgment. The prayers in these writ petitions are extracted hereinbelow: “W.P.(C).No.4007 of 2013 A) Issue a writ of mandamus or other appropriate writ or
order directing respondents 2 to 7 to restrain the 1 st
respondent from drawing water from the pond constructed in the property in Re-Sy.No.50/12-2 of Madappally Village. B) Issue a writ of mandamus, or any other appropriate writ or order directing respondents 2 to 5 to take immediate action on Exhibits P-2 to P-5 and
C) Issue a writ of mandamus, or any other appropriate writ or order directing respondents 3 and 4 to act upon Exhibit P-6. D) issue such other writ, order or direction as are deemed just and proper on the facts and circumstances of the case. VI. Interim relief. W.P.(C).No.9587 of 2013 i) Issue a writ in the nature of mandamus commanding
respondents 1 to 5 and 7 to take steps forthwith to stop pumping of water from the pond situated in the property of the 6th respondent in Re.Sy.No.50/12-2 of Madappally Village. ii) issue a writ of mandamus or other appropriate writ,
order or direction directing the 3rd respondent to
conduct a detailed hydro geological study with respect to the availability of ground water and its extraction in Madappally Grama Panchayat area where the pond of the 6th respondent is situated and to submit a report before this Hon’ble Court; iii) grant such other and further reliefs as this Hon’ble Court may deem fit to grant in the facts and circumstances of the case.”
These writ petitions are pending before this Court from 2013 onwards. The main grievance of the petitioners is that there is indiscriminate extraction of water from a pond for commercial purpose, which is affecting the ecological system in that area. Since there is no interim order in these writ petitions, these writ petitions need not be retained indefinitely. If there is any surviving grievance to the petitioners, petitioners are free to approach the District Collector - Kottayam with appropriate representation and if such a representation is received the District Collector will consider the same and take appropriate action in accordance with law after giving an opportunity of hearing to the petitioners and the other affected parties. With the above observations, these writ petitions are disposed of. Sd/- P.V.KUNHIKRISHNAN JUDGE nak APPENDIX OF WP(C) 9587/2013 PETITIONER EXHIBITS A TRUE COPY OF THE MASS PETITION SUBMITTED ON EXHIBIT-P1: 10.12.2013. A TRUE COPY OF THE REPORT DATED 31.1.2013 OF EXHIBIT-P2: THE VILLAGE OFFICER, MADAPPALLY. A TRUE COPY OF THE ORDER DATED 4.1.2013 IN I.A.NO.1956/2012 IN O.S.NO.419/2012 OF THE EXHIBIT-P3: COURT OF MUNSIFF OF CHANGANASSERY. A TRUE COPY OF THE JUDGMENT DATED 30.6.2011 EXHIBIT-P4: IN W.P.C.NO.13365/2011. A TRUE COPY OF THE MASS PETITION SUBMITTED EXHIBIT-P5: ON 15.3.2013. TRUE COPY RENT AGREEMENT DATED 18.4.2012 BETWEEN SMT.BINDU LALU WITH THE 6TH ANNEXURE -1 RESPONDENT THE PHOTOGRAPHS (4NOS) SHOWING THE POND EXHIBIT -R6(A) CONSTRUCTED IN THE PROPERTY OF THE PETITIONER THE COPY OF THE RENT DEED EXECUTED IN BETWEEN EXHIBIT -R6(B) THIS RESPONDENT AND ONE OF THE TENANTS THE COPY OF THE RESOLUTION DATED 18/12/2012 EXHIBIT -R6(C) PASSED BY THE 5TH RESPONDENT THE COPY OF THE COMMUNICATION DATED 8/2/2013 ISSUED BY THE SECRETARY OF THE 5TH EXHIBIT -R6(D) RESPONDENT- GRAMA PANCHAYAT THE COPY OF THE INTERIM ORDER DATED 28/2/2013 IN I.A. NO.355/2013 IN APPEAL NO.212/2013 EXHIBIT -R6(E) BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM APPENDIX OF WP(C) 4007/2013 PETITIONER EXHIBITS A TRUE COPY OF THE RESOLUTION DATED EXHIBIT-P1: 18/12/2012 PASSED BY THE 2ND RESPONDENT. TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY THE EXHIBIT-P2: PETITIONER DATED NIL TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT BY THE EXHIBIT-P3: PETITIONER DATED NIL TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 4TH RESPONDENT BY THE EXHIBIT-P4: PETITIONER DATED NIL TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 5TH RESPONDENT BY THE EXHIBIT-P5: PETITIONER DATED NIL TRUE COPY OF REPORT DATED 31/1/2013 EXHIBIT-P6: SUBMITTED BY THE VILLAGE OFFICER TRUE COPY RENT AGREEMENT DATED 18.4.2012 BETWEEN SMT.BINDU LALU WITH THE 1ST ANNEXURE -1 RESPONDENT TRUE COPY RENT AGREEMENT DATED 1.5.2012 BETWEEN ANIL KUMAR WITH THE 1ST ANNEXURE -2 RESPONDENT THE PHOTOGRAPHS (4NOS) SHOWING THE POND CONSTRUCTED IN THE PROPERTY OF THE EXHIBIT -R1(A) PETITIONER EXHIBIT -R1(B) A COPY OF THE ORDER DATED 4/1/2013 IN I.A.NO.1957/2012 IN O.S.NO. O.S.NO.419/2012 BEFORE THE MUNSIFF’S COURT CHANGANACHERRY THE COPY OF THE COMMUNICATION DATED EXHIBIT -R1(C) 2ND RESPONDENT-GRAMA PANCHAYAT
A TRUE PHOTOSTAT COPY OF THE SAID ORDER
EXHIBIT -R2(A) DATED 8/2/2013 TRUE COPY RENT AGREEMENT DATED 18.4.2012 BETWEEN SMT.BINDU LALU WITH THE 1ST EXHIBIT -R8(A) RESPONDENT TRUE COPY RENT AGREEMENT DATED 1.5.2012 BETWEEN ANIL KUMAR WITH THE 1ST EXHIBIT -R8(B) RESPONDENT TRUE COPY OF THE SCHEDULE OF KERALA MINOR EXHIBIT -R5(A) MINERAL CONCESSION RULES 1967 AS MINERAL DATED 17.11.2012