IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 WP(C).No. 8019 of 2009(S) ------------------------- PETITIONER(S): --------------- 1. BENJITH T.V., S/O.VENUGOPALAN T.K., THIMMALAMAL, KALARIKKAL, MANNUR P.O., KOZHIKODE-673 328. 2. SANEESH.A., S/O.VELAYUDHAN.A., `SREE AYYAPPA', MANNUR P.O., KOZHIKODE-673 328. 3. SASIL KUMAR.K., S/O.LOHIDAKSHAN.K., IRIPPATTIL HOUSE, MANNUR P.O., KOZHIKODE0673 328. 4. SALOOSH.K., S/O.BALAKRISHNAN.K., KAKATHIRUTHI KARUTHDATH HOUSE, KADALUNDY P.O., KOZHIKODE-673 302. 5. GIREESH.A., S/O.NARAYANAN.A., VADAKKEKOTTAPPURAM HOUSE, KADALUNDY P.O., KOZHIKODE-673 302. 6. PRAJOSH.P., PATTYIL, KAVUKULANGARA HOUSE, MANNUR P.O., KOZHKODE-673 328. BY ADV. SRI.P.V.KUNHIKRISHNAN SMT.BINDU GEORGE RESPONDENT(S): --------------- 1. KADALUNDY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KADALUNDY P.O., KOZHIKODE. 2. PRESIDENT, KADALUNDY GRAMA PANCHAYAT KOZHIKODE. 3. HYDRO GEOLOGIST, DISTRICT OFFICE GROUND WATER DEPARTMENT, CIVIL STATION, KOZHIKODE. ADDL. 4.KERALA WATER AUTHORITY, REP. BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. ADDL.R4 IS IMPLEADED AS PER ORDER DATED 7.4.2009 IN IA.4982 OF 2009 ADV. SRI.K.MURALEEDHARAN FOR R1&2 GOVERNMENT PLEADER SMT.AMBIKA DEVI, SC, KWA FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, C.J & ANTONY DOMINIC, J. ---------------------------------------------- W.P(C).No. 8019 of 2009 ---------------------------------------------- Dated this the 24th day of May, 2011 JUDGMENT Antony Dominic,J. The petitioners are local residents of the area called 'Kavumkulam', which is situated within the jurisdiction of the first respondent-Panchayat. According to the petitioners, there is a pond, from which they are drawing water for their domestic purposes. The first respondent-Panchayat passed Exhibit P1 resolution proposing to dig a well within the pond for drawing and supply of water to the residents of the other areas in the Panchayat. It is challenging the aforesaid decision of the Panchayat that this Writ Petition is filed mainly contending that if the well is dug and water is drawn as proposed by the Panchayat, that will affect the availability of drinking water to people like the petitioners. 2. In this Writ Petition this Court directed the third respondent to conduct a study and submit a report on the allegations made by the petitioners. Accordingly, the third respondent has conducted a detailed study and submitted report dated 13th May, 2009. The concluding portion of the said report reads as follows: WP(C).No.8019/09 2 “In the light of the above facts and figures discussed it is presumed reasonably that there is every chance of water scarcity in the wells situated near to the Kavumkulam if one lakh liters of water is taken every day from the well which is going to be dug in Kavumkulam. If a one lakh liter per day of water is drafted from the proposed well there is also a chance of increasing the quality problem to the ground water in the area. Moreover as per the Chemical and bacteriological analysis test of the source well, the Regional Analytical Laboratory Kozhikode report that, the water from this well is not fit for drinking purpose.” From the above, it can be seen that according to the respondents, if water is drawn as proposed by the Panchayat, that will affect the availability of ground water in the area. 3. The Panchayat took the decision as reflected in Exhibit P1, without having any scientific material such as the report of the third respondent. Now, that report is made available to this Court and on going through the report, we deem it necessary to direct the first respondent-Panchayat to reconsider their decision as reflected in Exhibit P1. WP(C).No.8019/09 3 4. In order to enable the Panchayat to reconsider the decision as above, we quash Exhibit P1 resolution and direct that the first respondent Panchayat shall reconsider the matter duly adverting to the report of the third respondent dated 13th May, 2009. A decision in this respect shall be taken as expeditiously as possible. The Writ Petition is disposed of as above. J.CHELAMESWAR, CHIEF JUSTICE ANTONY DOMINIC, JUDGE vgs