IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8747 of 2010(P)
1. GOPINATHAMENON, S/O. SAROJINI AMMA,
... Petitioner
2. SANTHOSH M.G., S/O. MAPRANAN JOHNY,
3. RAMANEZHUTHAZHAN, S/O.CHEMANDA KUNJU
4. THANKACHAN, S/O. VARGHESE,
5. RAVIKUMAR, S/O.ADIYATH RAMAKRISHNAN,
6. RAMAKRISHNN, S/O. KOCHUNNI,
Vs
1. N.M.MINERALS INDIA PVT. LTD.,
... Respondent
2. THE KERALA STATE POLLUTION CONTROL BOARD
3. DISTRICT OFFICER, GROUND WATER
4. MADAKKATHARA GRAMA PANCHAYATH,
5. DISTROCT COLLECTOR, THRISSUR.
For Petitioner :SRI.JIJO PAUL
For Respondent :SRI.C.CHANDRASEKHARAN
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :06/08/2010
O R D E R
S.SIRI JAGAN, J.
------------------------------------------
W.P(C) No.8747 OF 2010
------------------------------------------
Dated this the 6th day of August, 2010
JUDGMENT
The petitioner has filed this writ petition seeking a direction to the first
respondent to strictly implement Ext.P3, which is a Hydrogeological
Investigation Report giving the following recommendations:
Based on the above facts the following recommendations are made for
the smooth and eco-friendly functioning of the Company
1) Maximum daily pumping from the well should not exceed 6000
liters per day. This should be ensured by installing a sealed water meter in
the delivery line. If the existing two motors are coupled to single delivery
line one water meter is necessary and if not two water meter should be
installed after. Installation should be done in the presence of Ground Water
Department officials.
2) Log book should be maintained for each pump in which time and
quantity of water pumped should be recorded every day. This should be
made available to the Ground Water Department personal for verification as
and when required.
3) A Sign board showing the name of the unit and its capacity should
be displayed at the entrance of the site.
2. On 18.5.2010, I directed the first respondent to see that Ext.P3 is
strictly implemented and to file an affidavit stating that Ext.P3 has been
strictly implemented. An affidavit has been filed by the first respondent to
the effect that Ext.P3 has been strictly implemented. Since there was a
dispute in respect thereof I directed the Government Pleader to ascertain
from the third respondent as to whether the averment of the first
respondent that Ext.P3 has been strictly complied with is correct or not.
The Government Pleader has filed a memo producing the inspection report
W.P(C) No.8747 OF 2010 2
of the Hydogeologist of Ground Water Department, Thrissur stating as
follows:
As per the Hydrogeological investigation conducted in the area, 3
recommendations have been made for the smooth and ecofriendly functioning
of the company. The recommendations made were implemented by
M/s.N.M.Minerals, Madakkathara, Thrissur. In continuation to this,
Departmental Personnel inspected the site on 1.7.2010 and 23.7.2010 and
found that the recommendations made are followed by the company.
Observations made during the site visit are:
1. Sealed Water Meter has been installed in the delivery line of the
Pump set on 18.3.2010 in presence of Hydro geologist of this office.
2. Log book regarding the daily consumption is also maintaining
w.e.f.18.3.2010 and the same is available to the Ground Water Department
Personnel for verification as and when required. It is clear from the Log book
that the consumption does not exceed the limit of 6000 Litres/Day.
3. Out of the 2 Pump sets installed initially, one has been removed.
Currently pumping is done only with one pump set for which the sealed Water
Meter is installed.
4. Sign Board showing the name of the Unit and its capacity has been
installed at the entrance of the site.
In view of the same, the counsel for the petitioner submits that the
said submissions may be recorded and the writ petition may be closed with a
further direction to the third respondent to monitor implementation of
Ext.P3 from time to time. Ordered accordingly and the writ petition is
disposed of with a direction to the respondents 2 to 5 that Ext.P3
recommendations are strictly complied with by the first respondent at all
times.
S.SIRI JAGAN, JUDGE
cms