JOHN Vs. KALAMASSERY MUNICIPALITY

JUDGEMENT

(1.) Petitioners own 9 cents of property in Edappally North Village. They have constructed a well in the said property on the basis of Exts. P1 and P2, approved plan and permit issued by the Municipality. According to the petitioners, they carry on business in the name and style "Aqua Line Fresh Water" and are extracting water from the said well and supplying the same to various institutions in the public and private sectors.

(2.) By Ext. P3, the petitioners are notified by the Municipality to stop drawing of water in excess of what is stated therein. Ext. P3 refers to a report of the Health Inspector and also Ext. R2(b) report of the Ground Water Department.

(3.) It appears that there were different complaints regarding the excessive drawing of water by the petitioners resulting in water scarcity in the area in question. The said complaints, which gained the attention of the District Collector, were forwarded by the Collector to the Ground Water Department along with covering letter dated 30.9.2004. Thereupon, as entrusted by the District Officer in the Ground Water Department, a competent officer conducted inspection and noticed various details which have been reported in Ext. R2(b). On the basis of the factors stated therein regarding the controlling of pumping of water from two wells which fell for consideration in the said report, the Ground Water Department suggested control of pumping by allowing pumping at the rate of 15000 litres per day during the months of October, November and December and without any such restriction from 15th June to 30th September, however stating that there should be no pumping of water for sale from 1st January to June 15. This means that the suggestion was that there shall be no drawing of water using pumps for commercial exploitation meaning thereby that the water could be used only for minimum requirement of any activity in the site. This is how the said regulation in Ext. R2(b) can be understood Ext. R2(b) and Ext. R1(a) were forwarded to the District Collector and a copy of Ext. R1(a) to the Municipality. Following the said report, the Municipality issued the impugned Ext. P3 notice.