S RAJENDRAN Vs. BEENA SARASAN

JUDGEMENT

(1.) This appeal arises from the interim order passed by the learned single Judge on 06.04.2018 in W.P.(C) .No.11529 of 2018, a writ petition filed by the first respondent herein, wherein she had prayed for a writ in the nature of mandamus commanding respondents 2 to 4 in the writ petition (respondents 2 to 4 in the instant appeal as well) to take all necessary steps to demolish the tube well stated to have been illegally dug by the first respondent in his lands situate in Survey No.360/12-1 of Kottukal village, within a time limit to be fixed by this court.

(2.) The case set out by the writ petitioner is that while her application for permission to dig a tube well in her lands so as to draw water for agricultural use was rejected by the District Officer, Ground Water Department, Thiruvananthapuram as per Ext.P2 order dated 29.12016, no action, whatsoever has been taken to demolish a tube well illegally dug by the first respondent (the appellant herein) for the purpose of drawing water for use in a resort situated in the neighbourhood. She alleges that the tube well dug by the first respondent is an illegal one, dug without obtaining the clearance of the Ground Water Department or the requisite permit from the Kottukal Grama Panchayat. She has also a further case that as the lands owned by her as well as the second respondent are situate in an area where the CRZ notification applies, the sinking of a tube well is prohibited.

(3.) When the writ petition came up before the learned single Judge on 06.04.2018, learned counsel took notice for the first respondent, learned standing counsel took notice for second respondent and learned Government Pleader took notice for third respondent. Notice was ordered to the fourth respondent by speed post. After hearing learned counsel appearing for the writ petitioner and learned counsel appearing for respondents 1 to 3, the learned single Judge ordered as follows: