IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 6801 of 2008(I) ------------------------- E.P.74/07 IN I.A.No.449/07 IN OS.407/2006 of PRL.MUNSIFF COURT, KASARAGOD .................... PETITIONER: ------------ K. SADANANDA SHETTY, S/O. LATE VISWANATHA SHETTY, MEENJA,KANYANA HOUSE, PAIVALIKA VILLAGE, KAYYAR P.O., UPPALA VIA., KASARAGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ------------- 1. BALAKRISHNA SHETTY, S/O. NARAYANA SHETTY, MEENJA, KANYANA HOUSE, PAIVALIKE VILLAGE, KASARAGODE. 2. ABBAKKE, W/O. NARAYANA SHETTY, RESIDING -DO-. 3. KERALA GROUND WATER AUTHORITY, REP. BY ITS SECRETARY, TRIVANDRUM. 4. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. BY SR.GOVT.PLEADER SMT.T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 6801 OF 2008 --------------------- Dated this the 28th day of February, 2008 JUDGMENT This writ petition is filed to decline Exts.P1 and P4 orders as non est in the light of the principles contained in the Kerala Ground Water Control and Regulation Act, 2002. 2. The suit is one for a declaration of right of easement and the court below passed an interim mandatory injunction with respect to laying of pipes through the property. The matter came up before this court in WPC No. 3398/08 whereby this court considered the entire matter in detail and held that the interim mandatory injunction is to be sustained. Now the next round of litigation has started in the form of a writ petition challenging the orders of the court as non est in the light of the provisions contained in Kerala Ground Water Control and Regulation Act, 2002. 3. The jurisdiction under Article 227 is a supervisory jurisdiction to correct the orders of the court below and if there is any grievance for any party regarding the issuance or pumping out of water from the tank, there are appropriate authorities, which they can approach for redressal of their grievances. I do not find any grounds to interfere with the matter at this stage. The writ petition lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps