IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 6771 of 2008(S) ------------------------- PETITIONERS: --------------- 1. ASHOKAN R., S/O.KUNHIRAMAN, RAMANADUKAM HOUSE, KOLATHOOR P.O. CHENGALA, KASARAGOD DISTRICT. 2. D.VINOD, S/O.CHOYI, MADANTHAKODE HOUSE, KOLATHOOR P.O., CHENGALA, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENTS: --------------- 1. THE DISTRICT OFFICER, GROUND WATER DEPARTMENT, KASARAGOD, VIDYANAGAR P.O. KASARAGOD - 671 123. 2. THE SUB COLLECTOR, HOSDURG, KASARAGOD DISTRICT. 3. THE DISTRICT COLLECTOR, KASARAGOD. 4. STATE OF KERALA - REPRESENTED BY SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 5. V.KRISHNAN, MADANTHAKODE HOUSE, KOLATHUR P.O., KASARAGOD DISTRICT. ADV. SRI.SURESH KUMAR KODOTH FOR R5 GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.6771/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. A TRUE COPY OF THE REPORT ON THE APPEARANCE OF FISSURES IN KOTTAVAYAL - KUNDAMKUZHY AREA IN KASARAGOD DISTRICT SUBMITTED BY JUNIOR HYDRO-GEOLOGIST, GROUND WATER DEPARTMENT, KASARAGOD. EXT.P2. TRUE COPY OF THE GAZETTE NOTIFICATION DATED 19-11-2005. EXT.P3. TRUE COPY OF THE NOTICE PUBLISHED BY THE FIRST RESPONDENT INTIMATING THE NOTIFICATION OF THE PANCHAYATHS AND MUNICIPALITY IN THE TALUK AS NOTIFIED AREAS UNDER THE ACT. EXT.P3(a). TRUE ENGLISH TRANSLATION OF EXT.P7. EXT.P4. TRUE COPY OF THE PERMIT ISSUED TO T.GOPALAN FOR DIGGING BORE-WELL BY THE FIRST RESPONDENT. EXT.P4(a). TRUE COPY OF THE PERMIT ISSUED TO V.KRISHNAN FOR DIGGING BORE-WELL BY THE FIRST RESPONDENT. EXT.P4(b). TRUE COPY OF THE PERMIT ISSUED TO T.KUNHITHEEYAN FOR DIGGING BORE- WELL BY THE FIRST RESPONDENT. EXT.P4(c). TRUE COPY OF THE PERMIT ISSUED TO KUNHIRAMAN FOR DIGGING BORE- WELL BY THE FIRST RESPONDENT. EXT.P5. TRUE COPY OF THE REPRESENTATION FILED BY THREE INDIVIDUALS BEFORE THE DISTRICT COLLECTOR, KASARAGOD. EXT.P6. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PRESIDENT OF PROTECTION COUNCIL AGAINST BORE-WELL DATED 3-8-2006 BEFORE THE FIRST RESPONDENT. EXT.P6(a). TRUE ENGLISH TRANSLATION OF EXT.P6. EXT.P7. TRUE COPY OF THE REPRESENTATION FILED BY THE RESIDENTS OF KALLALLY - MANJANADUKKA BEFORE THE 2ND RESPONDENT. EXT.P7(a). TRUE ENGLISH TRANSLATION OF EXT.P7. EXT.P8. TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE MINISTER BY THE PRESIDENT OF THE BORE-WELL PROTEST SAMITHI. EXT.P8(a) TRUE ENGLISH TRANSLATION OF EXT.P8 REPRESENTATION. EXT.P9. TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE FIRST RESPONDENT. EXGT.P9(a). TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT. / TRUE COPY / P.S.TO JUDGE S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. ------------------------------------------------- W.P(C)No.6771 of 2008 -------------------------------------------------- Dated this the 24th day of March, 2009 JUDGMENT S.R.Bannurmath, C.J. This public interest litigation is filed seeking a writ of mandamus to the respondents to take immediate steps for preventing extraction of ground water by using bore wells in Bedaduka Panchayat in Kasaragod Taluk and further direction to the first respondent not to issue any more permits for digging bore well in Bedaduka Panchayat in Kasaragod District. We are not going into the merits of the case. Since the representation of the people and the Panchayat as per Exts.P8 and P8(a) respectively, are pending before the Government of Kerala, we direct the 4th respondent to take immediate steps to consider those representations by conducting scientific evaluation and pass appropriate orders in accordance with law within a period of four months from the W.P(C)No.6771 of 2008 : 2 : date of receipt of a copy of the judgment. It will be open to the petitioners to furnish necessary materials before the Government. The Panchayat and the petitioners are permitted to participate in the enquiry for which the Government is directed to issue notice to them. The writ petition is disposed of as above. S.R.BANNURMATH, Chief Justice KURIAN JOSEPH, Judge ahg. S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. --------------------------- W.P(C)No.6771 of 2008 ---------------------------- JUDGMENT 24th March, 2009