P C NATARAJAN Vs. DISTRICT COLLECTOR RAMANATHAPURAM

JUDGEMENT

(1.) THIS Writ Petition, which is a pro bono publico, has been filed by the petitioners on behalf of three village panchayats, seeking for quashing of the order of the District Collector, Ramanathapuram. first respondent herein, dated 10-4-2003, permitting the other respondents for the scheme of installation of pump wells in three villages for drawing water and to give water supply for drinking purpose to Mandapam Town panchayat.

(2.) ACCORDING to the petitioners, the officials, namely, the Executive Engineer, Tamil nadu Water Supply and Drainage Board, ramanathapuram. second respondent herein, attempted to put up sucking pump well in the area near to the villages, in order to get water to be brought to Mandapam town Panchayat. The village people objected and agitated over the said action. They also made a representation and passed resolutions through Panchayats and sent the same to the first respondent District Collector. Despite the same, the work proceeded. Therefore, the petitioners filed W. P. No. 4061 of 2003 for a mandamus, directing the respondents, to drop the scheme of sucking pump Well. The I Bench of this Court, by an order dated 10-2-2003, disposed of the said petition, directing the District Collector. Ramanathapuram, first respondent herein, to consider the representation made by the petitioners on behalf of the villagers within the stipulated period and, till the disposal of the representation, status quo with regard to installation of pump wells was ordered to be maintained. In pursuance of the order dated 10-2-2003, the District Collector conducted an enquiry and ultimately passed the impugned order dated 10-4-2003, permitting such an installation of the pump wells for drawing water for distribution to Mandapam Town Panchayat. Hence, this Writ Petition, seeking for issuance of certiorari, challenging the impugned order, dated 10-4-2003.

(3.) THE submissions made by the learned counsel for the petitioners are as follows : there is no actual necessity to take water from these three villages, which are situated about 15 kms. away from Mandapam town Panchayat, and to supply water to mandapam Town. The scheme of installation of pump wells involves risk of several village people being deprived of basic necessity of water. Originally, these villagers were prevented under the guidelines from putting up wells and also from using sucking pumps. The scheme now proposed by the government to take water from these wells would be contrary to the guidelines and the provisions of the relevant Act, namely. Environmental Protection Act. The sucking of pump wells by officials in their villages with a depth of 20 feet will not only make the wells and the ground water dry, but also lead to the streams and the wells being polluted by salty sea water. There is no law, which contemplates for providing water to the town, at the risk of taking away the water right of the villagers. Denying the right to water, a right which the villagers are entitled to, is violative of Article 21 of the Constitution of India. The District Collector failed to independently deal with the matter and it is merely carried away by the statement of the officials, who have evolved the scheme, As per the order of the District Collector, the whole area up to depth of 30 feet is filled with sand. Then, it is not practically possible to implement the suggestion of putting up a wall below the sand level. When the petitioners complained that there is a danger of sea water through underground stream polluting the wells of the villagers, the answer given by the District Collector in his impugned order that the wall erected below the sand level would prevent the ground water in the sand area from entering into sea would reveal that the District collector has not at all understood the actual grievance of the petitioners. The action taken by the respondent is against the guidelines given in the judgments of the Supreme court, reported in (1997) 11 SCC 312 (M. C. Mehta v. Union of India), AIR 1999 SC 812 (A. P. Pollution Control Board v. Prof M. V. Nayudu) and (2001) 2 SCC. 62 : (2000 AIR scw 4573) (A. P. Pollution Control Board II v. Prof. M. V. Nayudu ).