MADINU SSAQUAFATHIL ISLAMIYYA Vs. DISTRICT POLICE CHIEF MALAPPURAM

JUDGEMENT

(1.) THE petitioner claims to be a Charitable Institution conducting Orphanage and Special Schools for the physically and mentally challenged children. THE complaint of the petitioner is that respondents 3 to 6 are obstructing the petitioner from transporting potable water to the institution from a well situated 5 kms away. THE petitioner contends that he has unfettered right to draw water from the well belonging to him and that it cannot be obstructed by respondents 3 to 6.

(2.) RESPONDENTS 3 to 6 entered appearance and filed counter affidavit pointing out that a major portion of the water drawn from the well is utilised for construction activities of seven buildings belonging to the petitioner. The respondents also contend that only a small portion of water drawn from the well is utilised for the inmates of the institution. The learned Government Pleader also submits that extraction of water in large quantities is objected to by the neighbours whose well gets dry since the well of the petitioner is in a lower level than that of respondents 3 to 6.