IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 WP(C).No. 15708 of 2011(K) ----------------------------------------- PETITIONER(S): ------------------------- E.T.REJI, S/O.SATHYABHAMA, AGED 45 YEARS, VASANTHA BUILDINGS, PUTHIYARA, KOZHIKODE. BY ADV. SRI.C.A.CHACKO RESPONDENT(S): ---------------------------- 1. THE CITY POLICE COMMISSIONER, KOZHIKODE-673 001. 2. THE CIRCLE INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION,KOZHIKODE-673 001. 3. REGHU, S/O.CHATTEDA BALAKRISHNAN, KOTTULI AMSOM, PARAYANCHERRI DESOM,KOZHIKODE-673 106. 4. MARSOOD, KOLLERI PARAMBIL VEEDU, KOTTULI AMSOM, PARAYANCHERRI DESOM,KOZHIKODE-673 106. 5. VENUGOPAL, S/O.KRISHNAN, KONDARAMBIL VEEDU, KOTTULI AMSOM, PARAYANCHERRI DESOM, KOZHIKODE-673 106. 6. MADHU, S/O.RADHAKRISHNAN, KOLLERI VEEDU, KOTTULI AMSOM, PARAYANCHERRI DESOM, KOZHIKODE-673 106. 7. THE DISTRICT OFFICER, GROUND WATER DEPARTMENT, DISTRICT OFFICE, KOZHIKODE-673 020. R1, R2 & R7 BY GOVERNMENT PLEADER SRI. T.K.VIPINDAS R3 TO R6 BY ADVS. SRI.LAL K.JOSEPH, SRI.A.A.ZIYAD RAHMAN, SRI.V.R.REKESH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15708/2011 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CERTIFICATE DTD.17/06/2009 ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER. P2: COPY OF THE ORDER DTD. 24/06/2009 OF THE 7TH RESPONDENT. P3: COPY OF THE JUDGMENT DTD. 25/01/2011 IN WP(C) NO.2560/2011 OF THIS HON'BLE COURT. P4: COPY OF THE REPRESENTATION DTD. 6/05/2011 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 1 & 2. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 15708 of 2011-K ------------------------------------------------- Dated this the 22nd day of June, 2011 JUDGMENT Basant,J. The petitioner has come to this Court with this petition for issue of directions under Art.226 of the Constitution to respondents 1 and 2 - police officials, to afford protection to the petitioner to get necessary tests conducted by the 7th respondent to comply with the directions of the High Court in Ext.P3 judgment against illegal obstruction that is allegedly being raised by respondents 3 to 6. 2. According to the petitioner, the petitioner was earlier obliged to approach this Court challenging an order passed by the District Officer, Ground Water Department/the 7th respondent herein. That petition was disposed of by Ext.P3 judgment. The 7th respondent was directed to finalise the proceedings initiated by him within a stipulated period of time. 3. According to the petitioner, the 7th respondent came to the property to comply with the directions in Ext.P3. He wanted a pump test to be conducted. But the same could not be conducted in view of the opposition by respondents 3 to 6 and W.P.(C) No. 15708 of 2011 -: 2 :- others. A prayer is made that protection may be afforded to the 7th respondent for carrying out necessary test against the illegal obstruction that is raised by respondents 3 to 6. 4. Respondents 3 to 6 have entered appearance. According to them, they do not intend to cause any obstruction to the 7th respondent. The 7th respondent can discharge his legal duties and obligations and respondents 3 to 6 shall not raise any objection against the same. However, respondents 3 to 6 have a grievance that the pump test is not to be conducted during monsoon season. In order to be effective, such test has to be conducted only during summer season i.e., lean water period. No purpose will be served by conducting the pump test now. That was the only objection that they had raised before the 7th respondent. They seek to sustain the same objection now also. 5. We wanted the learned Government Pleader to take specific instructions from the 7th respondent. The 7th respondent has now filed a statement. In the statement the 7th respondent explains that various tests will have to be taken to comply with the direction in Ext.P3 of which conduct of the pump test is one. The 7th respondent submits that he had gone to the site to get the pump test conducted; but the same could not be conducted in view of the opposition by respondents 3 to 6 and others. W.P.(C) No. 15708 of 2011 -: 3 :- However, The 7th respondent categorically states that it is necessary to conduct the pump test. He further accepts the objection of respondents 3 to 6 and submits that there is no point in conducting the test now - during monsoon season. It can be conducted only later. The 7th respondent further submits that there is objection on the part of respondents 3 to 6 as well as many others against the conduct of the pump test. To effectively comply with the direction in Ext.P3 judgment, it is necessary to conduct the pump test. 6. We have considered all the relevant inputs. We are satisfied that appropriate directions can, in these circumstances, be issued. While we appreciate the concern of the petitioner that the 7th respondent must be permitted to take all necessary steps/conduct test to comply with the direction in Ext.P3 judgment, we take note of the submission of the learned Government Pleader on behalf of the 7th respondent that conduct of the test immediately during monsoon season will be of no purpose at all. Appropriate directions to secure the interests of all concerned can, in these circumstances, be issued. 7. This writ petition is accordingly dismissed. Following directions are issued: (i) The 7th respondent, when it is time to conduct the test, W.P.(C) No. 15708 of 2011 -: 4 :- shall inform all concerned and if there be any objection/ obstruction by any one against the conduct of such test, respondents 1 and 2 shall afford adequate and sufficient police protection to the 7th respondent to discharge his official duties against objections that may be raised by respondents 3 to 6 or any others. (ii) Needless to say that the police protection shall be given to the 7th respondent, personnel employed by him as also the equipments necessary for the test. (iii) The 7th respondent shall be obliged to take necessary permission/to seek extension of time from the Bench which passed Ext.P3 judgment and we have not intended to grant any such permission or extension of time to the 7th respondent. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge W.P.(C) No. 15708 of 2011 -: 5 :-