IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 WP(C).No. 4662 of 2010(G) ------------------------- PETITIONER: --------------- P.GOVINDANKUTTY, S/O. EACHARAN NAIR, AGED 45 YEARS, POOYATH HOUSE, THIRUVENKIDAM DESOM, P.O.GURUVAYOOR. BY ADV. SRI.V.C.MADHAVANKUTTY RESPONDENT(S): --------------- GURUVAYOOR MUNICIPALITY, GURUVAYOOR, REPRESENTED BY ITS SECRETARY. ADV. SRI.K.K.CHANDRAN PILLAI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.4662 of 2010 --------------------------------- DATED THIS THE 4th DAY OF JUNE, 2010 JUDGMENT The petitioner has approached this Court seeking for a direction to the respondent not to construct a 'well' in Ward No.19 of the Municipality. According to the petitioner, most of the residents in the area are having wells in their compounds itself. Near the property there is a 'Harijan Colony'. The complaint of the petitioner is that the Municipality is going to dig a well adjacent to the compound of the petitioner and near his well, for the use of the members of the Harijan Colony. His apprehension is that it will cause scarcity of water in the existing wells in the area. According to the petitioner, he filed a representation as Exhibit P1 and failing to get any reply in the matter, this Writ Petition has been filed. 2. The respondent has filed a counter affidavit wherein the following aspects have been pointed out. 3. As per the allocation of the funds of the Municipality for being utilised in relation to various projects, funds are W.P.(C)No.4662/10 -2- earmarked to be utilised for the benefit of the members of the Scheduled Caste. As part of the People's Planning Programme, the Ward Sabha has taken a decision to construct a well in the Thekkepurakkal Colony in Ward No.9 of the Municipality. The Colony consists of members of the Scheduled Caste. The matter was placed before the Municipality after obtaining necessary permission/sanction from the concerned authorities and also obtaining permission from the District Planning Officer. Exhibit R1(a) is the sanction thus obtained. 4. The land for construction of the well was surrendered to the Municipality free of cost by one Shri T.A.Narayanan and other co-owners of the property. The extent of the property surrendered as per Land Relinquishment Act is one cent comprised in Survey No.160/4-5 of Guruvayoor Village. The estimated cost of the construction of the well was Rs.90,000/-. The technical sanction for the same has already been obtained. It is also submitted that the well has been dug even before the petitioner approached this Court. 5. The learned counsel for the petitioner submitted that the Municipality has not obtained permission of the Ground Water W.P.(C)No.4662/10 -3- Authority under the Kerala Ground Water (Control & Regulation) Act, 2002. The learned counsel for the Municipality pointed out that going by the definition of 'well' in Section 2(i) and under Section 10 of the Act, no such permission is required. The definition of well in the Act as following: 2(i)” 'Well' means any structure made on the surface of earth by any person other than officers authorised by State Government or Central Government, for the purpose of drawing ground water for search, development, use or management of ground water resources and includes open well, dug well, borewell, dug-cum borewell, tube well, storage well, infiltration gallery, but shall not include open well or dug well used for domestic purposes.” Section 10(i) and its proviso reads thus: “10(1). Notwithstanding anything contained in this Act, no person shall without the permission of the Authority dig well for any purpose within thirty meters from any drinking water source W.P.(C)No.4662/10 -4- from where water is pumped for public purpose: Provided that the provisions in sub-section (1) shall not apply to the digging of a well for any drinking water scheme implemented by the Government or local bodies.” Therefore under the proviso, provisions of sub-section (1) shall not apply to any drinking water scheme implemented by the Government or local authority. It is evident from the counter affidavit that it is under a scheme for the benefit of the Scheduled Caste that the particular amount was spent, for digging the well. 6. The Municipality is only performing its duty as empowered by the provisions of the Act and in accordance with various schemes. What is projected by the petitioner is the possibility of hardship to the petitioner, if the well is constructed near his compound. Judged in the light of the need projected by the Municipality, it cannot be said that the amount has been spent for an illegal purpose. It is spent for the benefit of weaker sections of the society, viz; Scheduled Castes. Therefore, the objections pointed out by the petitioner and the individual W.P.(C)No.4662/10 -5- hardship which he may experience cannot be a ground to interfere with the project, especially under Article 226 of the Constitution of India. Therefore the Writ Petition is dismissed. The learned counsel for the petitioner submitted that the location of the well is causing nuisance to his peaceful residence and the Municipality should take some action in the matter. It is upto the petitioner to bring to the notice of the Municipality of any such problems for him, which will be duly considered by the Municipality and appropriate action will be taken in the matter. No Costs. T.R.RAMACHANDRAN NAIR, JUDGE. dsn