IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(C).No. 3694 of 2008(M) --------------------------------------- PETITIONER: ---------------------- ABDUL HAMEED HAJI, S/O.KUNJU AHAMMED HAJI, ALUNKAL HOUSE, THIRUVATHRA (P.O.), CHAVAKKAD, THRISSUR DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU SRI.RAJAN VELLOTH RESPONDENTS: -------------------------- 1. CHAVAKKAD MUNICIPALITY, CHAVAKKAD, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, CHAVAKKAD MUNICIPALITY, CHAVAKKAD. *ADDL.R3 IS IMPLEADED: R3. THE DISTRICT OFFICER, GROUND WATER DEPARTMENT, SITHARAM MILL LANE, POONKUNNAM, THRISSUR – 2. (*ADDL.R3 IS IMPLEADED AS PER ORDER DTD. 12/03/2008 IN I.A.NO.3568/2008 IN WP9C) NO.3568/08) ADV. SRI.N.N.SUGUNAPALAN (SR.) FOR R1,2 SRI.S.SUJIN,SC,CHAVAKKAD MUNICIPALITY FOR R1 & R2 BY GOVERNMENT PLEADER SRI. K.V. MANOJKUMAR - R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.3694/2008 M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DTD. 5/10/2008. EXT.P2: COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN WP(C) NO.33367/2007 DTD. 13/11/2007. EXT.P3: COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 27/12/2007. EXT.P4: COPY OF THE SUPPLY ORDER ISSUED BY THE 2ND RESPONDENT DTD. 11/05/2007. EXT.P5: COPY OF THE CERTIFICATE ISSUED BY THE DISTRICT OFFICER, GROUND WATER DEPARTMENT DTD. 29/12/2007. EXT.P6: COPIES OF THE WATER SAMPLE REPORTS DTD. 30/04/2007 AND 14/01/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.3694/2008 ----------------------------------------------------------- Dated this the 5th day of August, 2008 JUDGMENT Challenge in this writ petition is against Ext.P1. Ext.P1 is a stop memo issued by the respondent Municipality directing the petitioner to stop extraction of ground water from his bore well and supplying it to other places. 2. Petitioner contends that though he is engaged in the business of extracting and supply of ground water, he has been using only a motor having less than 3 HP capacity for his business purposes. According to him, only in respect of the bore wells fitted with motors above 3HP capacity registration with the Ground Water Department is mandatory, in so far as the non-notified areas are concerned. It is stated that Chavakkad is not a notified area under the Kerala Ground Water(Regulation and Control)Act WP(c).No.3694/08 2 2002 and therefore, since the capacity of the motor is less than 3 HP, he need not get himself registered in the Ground Water Department. It is contended that Ext.P5 certificate issued by the Ground Water Department to the above effect has been produced before the respondent Municipality and still Ext.P1 memo has not been revoked and as a result of which the petitioner is not in a position to continue his business. 3. A reading of Ext.P1 stop memo shows that by this order, petitioner has been restrained from extracting ground water till he produces a no objection certificate from the Ground Water Department. It is the specific contention of the learned counsel for the petitioner that in respect of his bore well he is using only a motor having less than 3 HP capacity. If that be so, going by the terms of Ext.P5 certificate, it is not necessary for the petitioner to get himself registered with the Ground Water Department, since Chavakkad is a non-notified area. WP(c).No.3694/08 3 4. In my view, now that Ext.P5 certificate has been issued by the Ground Water Department and that the said certificate has been produced by the petitioner before the Municipality itself, it is for the Municipality to reconsider Ext.P1 in the light of Ext.P5 and to pass appropriate orders in this behalf. It is directed that the Municipality shall re- consider the matter as above on production of a copy of the judgment and complete the process at any rate within 4 weeks thereafter. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE vi. WP(c).No.3694/08 4