INDIRA Vs. POURNAMI PROPERTIES PRIVATE LIMITED

JUDGEMENT

(1.) This writ appeal is filed by the 7 th respondent in the writ petition challenging the judgement of the learned single Judge in W.P.(C) No. 16994 of 2020 dated 18.08.2020 directing the third respondent ie., the Director, Directorate of Ground Water Department, Jalavijnana Bhavan, Thiruvananthapuram, to take up, consider and pass orders on Ext.P10 appeal and P11 stay petition with notice to all concerned, including the appellant and the writ petitioner. It was further directed that in case the third respondent cannot consider Ext.P10 without delay, the application for stay shall be considered with notice to both the parties. The third respondent was also given liberty to issue notice and conduct hearing by appropriate electronic means, and further directed to pass orders in the stay petition within a period of three weeks from the date of receipt of a copy of the judgement.

(2.) The paramount contention advanced by the learned counsel for the appellant is that the learned single Judge, while directing the third respondent to consider the appeal and stay petition, has not taken into account the provisions of the Kerala Ground Water (Control and Regulation) Act , 2002 ('the Act, 2002' for brevity). It is contended that the area in question is not a notified area as contemplated under Section 6 of the Act, 2002 and therefore, there is no question of any permit required to be obtained from the authority in tune with Section 7 of the Act, 2002. It is also submitted that unless the area in question comes within a notified area, there is no question of submitting any application seeking permit before the authority concerned, and therefore, according to the appellant, interference is required to the judgement of the learned single Judge.

(3.) The subject issue raised in the writ petition was the action of the 4tth respondent in the writ petition i.e., the District Officer, District Office, Ground Water Department, Alappuzha, granting permission to the appellant herein to dig tube well in the land comprised in Survey No. 109/6 of Thazhakkara Village in Alappuzha District allegedly in blatant violation of Section 7 of the Act, 2002 and Rule 14 of the Kerala Ground Water (Control and Regulation) Rules, 2004 ('the Rules, 2004' for brevity).