IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17031 of 2007(C)
1. M.K.SUMATHY, W/O KARAYIL DHARMAPAL,
... Petitioner
Vs
1. THE ARIMPOOR GRAMA PANCHAYATH,
... Respondent
For Petitioner :SRI.N.SUBRAMANIAM
For Respondent :SRI.P.C.SASIDHARAN
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :18/09/2009
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C).No.17031 of 2007-C
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Dated this the 18th day of September, 2009.
JUDGMENT
The petitioner, an elderly lady, says that she
and her husband reside alone within the territory
of the respondent grama panchayat in Thrissur
district, while all four of their children are
away permanently. They say that they have an open
well and a bore-well which have ceased to be of
any use and accordingly wanted to install a new
bore-well. They gave contract to a person who
could do that work. After ascertaining from the
Ground Water Department whether any licence was
required, though the answer they got from that
department was in the negative, when works
started, the panchayat objected stating that a
well cannot be dug and that the permission of the
panchayat is required. The ground reality
appears to be, as stated by the learned counsel
WPC17031/07 -: 2 :-
for the panchayat, that the area in question has
a problem of water scarcity and there has to be a
regulated use of ground water. The statement of
the petitioner that the existing well and the
existing bore-well have become useless is
essentially a question of fact. With the passage
of time, the ground reality regarding shortage of
water has also changed. It is now for the
petitioner to request the panchayat to take a
decision to conclude on the issue of her
entitlement to have a bore-well on condition that
the existing bore-well would be closed down.
For the aforesaid reasons, it is ordered that if
the petitioner makes a request for no objection
certificate, the panchayat will consider such
request in accordance with law and having regard
to the facts and circumstances, the panchayat
will expedite such consideration and also extend
such support as may be warranted, to the elderly
couple. It would also be sufficient for the
petitioner, if Ext.P3 is considered and disposed
WPC17031/07 -: 3 :-
of. The panchayat will do the needful within one
month from the date of receipt of a copy of this
judgment. The writ petition is ordered
accordingly.
THOTTATHIL B.RADHAKRISHNAN,
JUDGE.
Sha/260909