IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 WP(C).No. 4283 of 2010(I) ----------------------------------- PETITIONER(S): ------------------------ ROY M.MATHEW, AGED 61 YEARS, S/O.M.MATHEW, MUTHOOT HOUSE,KOZHENCHERRY, PATHANAMTHITTA. BY ADV. SRI.SHAIJAN C.GEORGE SRI.JOHN VIPIN SRI.P.A.SHIBU SMT.SHOBHA ANNAMMA EAPEN SMT.SAJITHA GEORGE RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE,ALUVA. 3. THE CIRCLE INSPECTOR OF POLICE,ALUVA 4. BEEN ASHRAF, W/O.ASHRAF, ALIKKODATHU HOUSE,MAMBRA, KATTAPURAM PO,ALANGAD 5. KARUMALLOOR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY. R1 TO R4 BY GOVT. PLEADER SMT.CHARISHMA R5 BY ADV. SRI.NAGARAJ NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.4283/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SALE DEED NO.619/1/2004 DTD. 12.2.2004. P2:- COPY OF THE SALE DEED NO.1183/1/04 DTD. 15.3.04. P3:- COPY OF THE SALE DEED NO.36071/1/04 DTD. 3.8.04. P4:- COPY OF THE COMPLAINT DTD. 30.1.2010 PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS R4:- COPY OF THE REPRESENTATION DTD. 1.2.2010 BY THE RESIDENTS TO THE DISTRICT COLLECTOR. TRUE COPY P.A. TO JUDGE tss R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.4283 of 2010 ***************************** Dated this the 1st day of February, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court with this petition for issue of directions under Article 226 of the Constitution of India to respondents 1 to 3 to afford protection to the petitioner to transport water extracted by him from Karumalloor Grama Panchayat to his place of commercial activity at Kaloor, Kochi. 2. Respondents 4 and 5 oppose the application. The 4th respondent is a private individual. The 4th respondent states that she has been unnecessarily arrayed as a party. The 5th respondent, Karumalloor Grama Panchayat, takes the stand that the requisite permission for extracting the ground water for the purpose of commercial use has not been obtained by the petitioner. The petitioner has produced Ext.P12. It is admitted that Ext.P12 does not cover the use to which the petitioner wants the said permit to be put to now. That is, the petitioner is not specifically permitted by Ext.P12 to extract water for commercial use. 3. The learned counsel for the petitioner only submits that some further time may be granted to the petitioner to get W.P(C) No.4283 of 2010 2 proper permission from the Ground Water Department. He wants correction to be effected in Ext.P12. That was issued as early as on 31.05.2010. 4. We do not think it necessary to wait indefinitely to enable the petitioner to get a proper permission. He can aspire to extract water and transport the same only after obtaining proper permit. Since the necessary corrections have not been carried out yet, we deem it proper to dismiss this petition (the petition is filed as early as on 09.02.2010) now without any fetter on the right of the petitioner to move this Court later for identical reliefs if there be any objection against extraction and transportation of water by the petitioner obtaining a proper permit. 5. This Writ Petition is, in these circumstances, dismissed with the above observations. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/ W.P(C) No.4283 of 2010 3