IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 WP(C).No. 20996 of 2009(T) -------------------------- PETITIONER(S): --------------- AJITHAKUMARI R., AGED 32 YEARS, W/O.K.GOPAKUMAR, CHERUVALLIL HOUSE, CHUZHIP, MANADUKKAM POST, KASARGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, KASARGOD, KASARGOD DISTRICT. 2. THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION, KASARGOD DISTRICT. 3. DAKSHAYANI, PRESIDENT DHANALAKSHMI KUDUMBASREE, CHUZHIP, MANADUKAM POST, PANATHADY VILLAGE, HOSDURG TALUK, KASARAGOD DIST. 4. AJITHA, SECRETARY DHANALAKSHMI KUDUMBASREE, CHUZHIP, PANATHADY VILLAGE, MANADUKAM P.O., KASARGOD DIST. ADV. SRI.K.B.ARUNKUMAR FOR R3 & R4 GOVERNMENT PLEADER SRI.T.K.VIPINDAS FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.20996/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE REGISTERED SALE DEED NO.715/09 OF SRO RAJAPURAM DATEED 30-3-2009 EXT.P2. TRUE COPY OF THE LETTER DATED 24-3-2009 ISSUED TO THE PETITIONER'S HUSBAND SRI.GOPAKUMAR EXT.P3. TRUE COPY OF THE REPRESENTATION DATED 13-6-2009 BEFORE THE 1ST RESPONDENT. EXT.P4. TRUE COPY OF THE REPRESENTATION DATED 13-6-2009 BEFORE 2ND RESPONDENT. EXT.P5. TRUE COPY OF THE REPORT DATED 26-5-2009 SUBMITTED BY THE DISTRICT OFFICER, GROUND WATER AUTHORITY. RESPONDENTS' EXHIBITS: EXT.R3(a): TRUE COPY OF THE REPRESENTATION DATED 13-3-2009 SUBMITTED BEFORE THE DISTRICT COLLECTOR, KASARAGOD / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P(C)No.20996 of 2009 ----------------------------------------- Dated this the 23rd day of October, 2009 JUDGMENT Kurian Joseph,J. The writ petition is filed with the following prayer:- i) To issue a writ of mandamus or any other appropriate writ directing respondents 1 and 2 to render sufficient police protection to the life and property of the petitioners against respondents 3 and 4 and their people from causing obstruction in the construction of bore wells in the petitioners' property. Pursuant to an interim order dated 25-8-2009 it is reported that the digging has been completed. We have already directed the District Officer, Ground Water Department, to make final assessment of the use of water by the petitioner for domestic use. In view of the developments as above we dispose of the writ petition making it clear that in case the party respondents have a grievance regarding the excess use of water or unauthorised use of water by the petitioner, it will be W.P(C)No.20996 of 2009 -:2:- open to them to bring the same to the notice of the District Officer, Ground Water Department, in which case the said authority shall take appropriate prompt action in accordance with law in the matter with notice to the parties. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.P(C)No.20996 of 2009 ---------------------------- JUDGMENT 23rd October, 2009