IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 12876 of 2007(G)
1. T.GOPALAN,
... Petitioner
Vs
1. STATION HOUSE OFFICER,
... Respondent
2. KUNHIKANNAN, S/O.PAKKEERAN,
3. NANDANAM, S/O.T.KUTTIYAN,
4. NARAYANAN,
5. SREEDHARAN,
6. SUSHEELA,
7. JANAKI,
8. STATE OF KERALA,
For Petitioner :SRI.KODOTH SREEDHARAN
For Respondent :SRI.M.SASINDRAN
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MRS. Justice K.HEMA
Dated :14/06/2007
O R D E R
P.R. RAMAN & K. HEMA, JJ.
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W.P.(C).No.12876 of 2007
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Dated this the 14th day of June, 2007.
JUDGMENT
Raman, J.
Petitioner seeks for appropriate writ order or direction to be issued to
the first respondent to afford adequate and sufficient protection to his life
and also for digging a bore well in 2.67 cents in R.S.229/1A of Bedadka
Village in Kasaragod District.
2. It is the case of the petitioner that because of the paucity of surface
water in and around the locality, he applied the Ground Water Authority for
permission to dig a bore well which was granted as per Ext.P2 order dated
14.2.2007. According to petitioner, even before attempting to dig the bore
well, permission of the nearby property owners was obtained. But, despite
the same, when he attempted to dig the well, respondents 3 to 7 and their
men caused physical obstruction preventing him from doing so. Complaint
made before the first respondent also did not yield any result. Hence he has
filed this writ petition.
3. Notice was issued and respondents entered appearance through
counsel. Heard both sides.
4. When the petitioner has obtained valid permit, as evidenced by
Ext.P2, for digging the bore well, if at all anybody has any apprehension that
[WP(C) No.12876/07] 2
the nearby public will be seriously affected by the same, they can only raise
their grievance before the concerned authorities and cannot cause any
physical obstruction. It is submitted by 5th respondent that, as against
Ext.P2 order, statutory appeal has been preferred before the government. It
is further submitted that, as of now, no interim stay has been granted.
When the petitioner has obtained a licence and so long as the same is in
force, he is entitled to dig the bore well strictly in accordance with the licence
conditions. In case, there is any physical obstruction as alleged, the first
respondent shall give necessary protection to remove such obstruction.
However, it is clarified that in case any stay order is obtained against Ext.P2
order or any final order is passed thereon cancelling Ext.P2, the parties shall
abide by such order.
The writ petition is disposed of as above.
P.R.RAMAN, JUDGE.
K. HEMA, JUDGE.
Krs.
