IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 WP(C).No. 17031 of 2007(C) -------------------------------------- PETITIONER(S): --------------------- M.K. SUMATHY, W/O. KARAYIL DHARMAPAL, KARAYIL HOUSE, P.O.MANAKODI, TRICHUR. BY ADV. MR.N.SUBRAMANIAM MR.M.S.NARAYANAN RESPONDENT(S): ------------------------ THE ARIMPOOR GRAMA PANCHAYATH, ARIMPOOR P.O., THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADV. MR.P.C.SASIDHARAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 17031/2007-C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE ISSUED BY THE DISTRICT OFFICER, GROUND WATER DEPARTMENT. EXT.P2: COPY OF THE NOTICE ISSUED BY THE RESPONDENT. EXT.P3: COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE RESPONDENT. EXT.P4: COPY OF THE ORDER PASSED BY THE DISTRICT COLLECTOR. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.17031 of 2007-C = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 18th day of September, 2009. JUDGMENT The petitioner, an elderly lady, says that she and her husband reside alone within the territory of the respondent grama panchayat in Thrissur district, while all four of their children are away permanently. They say that they have an open well and a bore-well which have ceased to be of any use and accordingly wanted to install a new bore-well. They gave contract to a person who could do that work. After ascertaining from the Ground Water Department whether any licence was required, though the answer they got from that department was in the negative, when works started, the panchayat objected stating that a well cannot be dug and that the permission of the panchayat is required. The ground reality appears to be, as stated by the learned counsel WPC17031/07 -: 2 :- for the panchayat, that the area in question has a problem of water scarcity and there has to be a regulated use of ground water. The statement of the petitioner that the existing well and the existing bore-well have become useless is essentially a question of fact. With the passage of time, the ground reality regarding shortage of water has also changed. It is now for the petitioner to request the panchayat to take a decision to conclude on the issue of her entitlement to have a bore-well on condition that the existing bore-well would be closed down. For the aforesaid reasons, it is ordered that if the petitioner makes a request for no objection certificate, the panchayat will consider such request in accordance with law and having regard to the facts and circumstances, the panchayat will expedite such consideration and also extend such support as may be warranted, to the elderly couple. It would also be sufficient for the petitioner, if Ext.P3 is considered and disposed WPC17031/07 -: 3 :- of. The panchayat will do the needful within one month from the date of receipt of a copy of this judgment. The writ petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/260909