IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 WP(C).No. 26461 of 2008(A) -------------------------- PETITIONER: ------------ K.V. JOSHY, AGED 57 YEARS, S/o. VELAYUDHAN, RESIDING AT PAPPALLY HOUSE, VAZHAKKALA, KAKKANADU P.O., ERNAKULAM - 682 030. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS SRI.N.K.SUBRAMANIAN RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANADU P.O., ERNAKULAM - 682 030. 2. THE DISTRICT OFFICER, GROUND WATER DEPARTMENT, ERNAKULAM. 3. THRIKKAKARA GRAMA PANCHAYAT (SPECIAL GRADE), KAKKANAD - 682 030, REPRESENTED BY ITS SECRETARY. R1 & R2 BY GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 26461 OF 2008 A = = = = = = = = = = = = = = = = = Dated this the 2nd day of September 2008 J U D G M E N T The issue in this writ petition is regarding the permissibility of pumping of water on a commercial basis from the well situated in the premises belonging to his children, whose guardian is the petitioner. Petitioner submits that he was granted permission, but however that was later withdrawn by Ext. P5. By this letter he was asked to appear in person or show cause as to why action should not be taken against him as contemplated under Section 12 of the Kerala Ground Water (Control and Registration) Act, 2002. It is stated that in response thereto he had submitted Ext. P7 and there has not been any progress thereafter. 2. According to the petitioner, as a result of the pendency of Ext. P7 he is not in a position to draw water on a commercial basis. Taking into account the contention of the petitioner regarding the pendency of the proceedings pursuant to Ext. P5, I dispose of this W.P.(C) No. 26461 OF 2008 -2- writ petition, directing that the 2nd respondent shall take up the matter, consider the same and pass orders thereon with notice to the petitioner and also taking into account the reply that has been given by Ext. P7. ANTONY DOMINIC JUDGE jan/-