B K KRISHNAN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE point that arises for decision in this case is whether a land owner is entitled to get police protection to dig a bore well, if the same is obstructed by the local people on the ground that it will affect the water level in their wells.

(2.) THE brief facts of the case are the following: The petitioners have obtained the necessary permits from the statutory authority for digging bore wells in the properties owned by them. Exts. P3 and P4 are the permits issued in favour petitioners 1 and 2 respectively. When they tried to dig bore wells in their respective holdings, the respondents 3 to 6 started causing obstruction, alleging that the same will affect the water levels in the wells in the neighbourhood. So, the 1st petitioner preferred Exts. P5 and P6 representations before the police. Similar representations were filed by the 2nd petitioner also, seeking protection for digging the bore well. But, the police did not render any help. Therefore, this writ petition was filed, seeking the following relief.

(3.) THE 2nd respondent has filed a statement, stating that against the digging of the bore well, an Action Committee has been formed. The said Committee is protesting against the same, alleging misuse of water in the name of domestic purpose. It is opposing the digging of the bore well in the area. There is no threat to the life of the petitioners or their family members or to their properties from the persons opposing the digging of the bore well, it is stated. The petitioners have filed a reply affidavit, in which it is submitted that a few others have dug bore wells in the neighbourhood. But, the party respondents have not raised any objection. They are trespassing into the properties of the petitioners and causing mischief. It is also alleged that the 6th respondent had dug a bore well for his domestic needs about one year back.