Mariyammal v. The Chief Engineer, State Ground & Surface Water
2015-03-31
B.RAJENDRAN
body2015
DigiLaw.ai
Order 1. Since the issue involved in all these Writ Petitions are one and the same, they are all taken up together and disposed of by this common order. 2. These Writ Petition have been filed praying for Writs of Mandamus forbearing the respondents from preventing the petitioners to use their borewells of Servaikaranmadam Village, Tuticorin Taluk and District 3. The petitioners herein in all these Writ Petitions are the owners of certain survey numbers in which they have borewells. According to them, since it is their personal property, they have got every right to draw water and utilise for their purpose. However, citing G.O.Ms.No.142 Public Works(R2) Department, dated 23.07.2014, the authorities are trying to prevent the petitioners from taking water from their respective lands. Further, even as per the said G.O, if water is drawn for the domestic purpose, it does not prohibit the same. The sum and substance of the contention of the petitioners is that the respondents have no legal right to stop the petitioners when it is drawn for agricultural operations as well as drinking purposes. 4. The learned Additional Government Pleader would contend that first of all, the petitioners are not drawing water either for the purpose of domestic purpose or for the agricultural operations. A huge quantity of water is pumped and taken away through lorry tankers for which a huge amount of money is exchanged between the parties. Therefore, the said Government Order came to be issued in the interest of public at large in order to protect the ground water table. In fact, due to drawing of waters by the petitioners herein, the water table is very much affected to a great extent in the nearby area. There is no doubt that the petitioners are selling away the water for commercial purpose. A lot of complaints have been received in and around the petitioners' area to the effect that the water is being misused by these petitioners and ultimately, the Revenue Divisional Officer has issued show cause notices to the petitioners on 15.03.2015. In the present context of the world, the depletion of water has to be protected at all levels. In any event, it is only a show cause notice which cannot be challenged in these Writ Petitions. 5. Heard both sides. I have gone through the affidavits and perused the entire materials available on record. 6.
In the present context of the world, the depletion of water has to be protected at all levels. In any event, it is only a show cause notice which cannot be challenged in these Writ Petitions. 5. Heard both sides. I have gone through the affidavits and perused the entire materials available on record. 6. In one of the Writ Petitions, the petitioner owns about 8.25 cents in which he has two borewells. According to him, he claims that those two borewells are used for agricultural purposes. According to him, the people in and around make use of such borewells to quench their thirst. Curiously, no where in the affidavit he has stated that the water is taken by lorry where the people resides. All he state is that the people can come to his place and draw water. One can understand that the water is drawn in a pot and not by lorry. In such type of cases, the object of drinking water can be visualised. Even if the said fact is refuted by the petitioners, it is common knowledge that the Court can take a judicial notice in this regard and thereby, come to a conclusion that they do it only for the commercial purposes. Under the guise of drawing water for the purpose of domestic and agricultural purpose, the very object gets defeated, like the case on hand. Therefore, the Government in all earnestness, to protect the water table, that too, the costal area, has issued the Government order which is under challenge in these Writ Petitions. The one more aspect to be taken into consideration in all these Writ Petitions is that if the water is for agricultural purpose, neither chitta nor adangal have been produced by any one of them in these Writ Petitions to substantiate their claim. 7. Now-a-days, the safest drinking water to the people is really next to impossible due to change in climatic world. Therefore, atleast, the nature has to be protected in all its originalities. At this juncture, last but not the least, that no one can deny the fact that the water is an elixir of life. In future, the subject of water is going to be very tough task for the human being. Every effort must be made to protect the water in all its originality.
At this juncture, last but not the least, that no one can deny the fact that the water is an elixir of life. In future, the subject of water is going to be very tough task for the human being. Every effort must be made to protect the water in all its originality. Such efforts always have to be applauded for the simple reason that such action can be seen in order to protect the future generation of our country. Overexploitation of ground water leads to depletion of ground water table; contamination of ground water due to geogenic factors resulting in increasing levels of fluoride, arsenic and iron; salinity ingress in costal areas, which eventualy results in fresh water turning saline. The act of the petitioners would no doubt deplete the ground water table and affect the very agricultural activities itself. Once the authorities feel that the water is used for other than the purposes meant for, they have every right to stop such illegal actions to save the water from unscrupulous elements. The action of the respondents can never be found fault with by the petitioners. Before parting with this order, I make it clear that if the water is taken in a pot for the purpose of drinking that need not be prevented by the respondents. 8. In view of the foregoing reasons and discussions, I have no hesitation in dismissing these Writ Petitions. Accordingly, they are all dismissed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.