RANI JOHN Vs. KALAMASSERRY MUNICIPALITY KALAMASSERRY, ERNAKULAM

JUDGEMENT

(1.) Petitioner is the co-owner of an extent of 9 cents of property situate in Survey No.710/3B1 and 710/4-2 of Edappally North Village. According to the petitioner, in 2002 permit was obtained from the first respondent for construction of a well inside the property. From 2002, petitioner is supplying drinking water collected from the above well to various establishments within Cochin city. To put it short, while doing so, Ext.P3 notice is issued by the Secretary of the first respondent municipality dated 3.7.2017, whereby, it is stated, due to the negligent act on the part of the petitioner, a pit is formed by the side of the well, which has caused danger to the people residing in the locality, and thereupon, petitioner was directed to cover the well and report the matter before the municipality. It is thus challenging the said notice and seeking other consequential reliefs, this writ petition is filed.

(2.) A detailed counter affidavit is filed by the 4 th respondent and among other contentions it is stated that, as per the provisions of the Disaster Management Act, 2005 it is the duty and right of the District Administration to take such measures in the prevention and mitigation of disaster or to effectively respond to it as may be necessary. In response to the complaints and the reports submitted by the Geologist the District Collector as the Chairman of the District Disaster Management Authority issued proceedings dated 11.7.2017 preventing drawing of water for other than for household or domestic use, and also preventing entry of heavy duty vehicles within 1m circle of the said well and to take such measures to strengthen the wall of the well. As per the letter received on 25.11.2017, the municipality confirmed that the area where the dripping of the land has happened is filled with metal and levelled.

(3.) Heard respective counsel across the Bar and perused the pleadings and documents on record.