JUDGMENT : The petitioner has come forward with this writ petition to call for the order passed by the 2nd respondent in Na.Ka.No.84/2017/D1 dated 29.08.2017 and quash the same as illegal. 2. According to the petitioner, he is hailing from agricultural family and eke out his livelihood by cultivating the lands by irrigating them through the Well dug for the sole purpose. Due to illegal drawing of water by some other persons for non-agricultural purpose in their Well, the water level has drastically depleted, thereby affecting the agricultural activities. 3. The petitioner submitted that he along with four other persons made representation to the 1st respondent for the illegal activities of drawing ground water. As no action was taken, earlier they approached this Court by filing W.P.No.40576 of 2016. During the pendency of the said writ petition, the 1st respondent had conducted enquiry and passed order on 11.05.2017, prohibiting ten persons including the 3rd respondent herein from drawing water for commercial purpose. However, contrary to G.O.Ms.Nos.51 & 52, Public Works (R2) Department, dated 11.02.2004 and 02.03.2012, respectively, the 2nd respondent has passed order permitting the 3rd respondent to draw water from his Well and supply to the 4 institutions and 1 industry. Since the Erumapatti Union is declared as “over exploited”, the Chief Engineer, State Ground and Surface Water Resources, Chennai is the competent authority with regard to domestic use of water by non-water based industries and the 2nd respondent/Block Development Officer, without jurisdiction has passed the impugned order, thereby commercialising the supply of water under the colour of free of cost. 4. The learned counsel appearing for the petitioner would submit that for the industries, Divisional Engineer alone is entitled to decide about the fetching of water and supply of water. In the impugned order, apart from non-consideration of facts and law, the authority concerned permitted to supply water to the 4 institutions and 1 industry. On that score, the impugned order is liable to be interfered with. Even assuming that the order is not going to be interfered with, with regard to others, the submission that drawing of water and supply it to others including institution/Schools for commercial purpose under the guise of free of cost, cannot be accepted. It is further submitted that the impugned order, on account of shortage of water and the decision to supply drinking water to 5 places including private industry, is illegal. It is further submitted that the impugned order, on account of shortage of water and the decision to supply drinking water to 5 places including private industry, is illegal. 5. The learned counsel appearing for the 2nd respondent has filed counter affidavit stating that the authority concerned is empowered to either permit or reject the application for drawing of water from the private parties' Wells, if no motive is involved. According to the learned counsel for the 2nd respondent, the 2nd respondent has inspected the place in person and confirmed that that there is no Well belonging to the Government and Panchayat within 100 meters surrounding and satisfied that the application of the 3rd respondent has no motive for commercial purpose and permitted him to draw and supply water to the specified institutions and industrial workers with certain conditions. It is stated that the present order excludes the drawal of water for domestic purpose by individual household, Domestic infrastructure project, Government's Drinking water Supply Schemes and Non-water based industries. The 2nd respondent has passed order only after careful perusal of the records and requirements of the persons. It is further submitted that the drawal of water is depending upon the ground water level and if it is depleted, such exercise cannot be done by anyone, much less the persons who are drawing for supply to the institution/industry mentioned in the impugned order. 6. The learned counsel for the 3rd respondent has also filed counter affidavit stating that he is the absolute owner of the property to an extent of 5 acres and his family has been helping the villagers by supplying water from the bore-well in his land. According to the 3rd respondent, his two sons who are practicing as lawyers, also support his social activities. There is abundant water in the 3rd respondent's land and he is supplying the water to Panchayat at free of cost and at the request of public, he supplies water to the Schools and Industry in that area, viz., (1) Kongu Nadu Matric. Hr. Sec. School, Nallipalayam, Namakkal, (2) Gnanamani Educational Institution, Pachal, Namakkal, (3) Park View Educational Institution, Aniyapuram, Namakkal, (4) Spectrum Matric. Educational Institution, Trichy Road, namakkal and (5) K.K.P. Fine Linen, Salem Road, Namakkal. 7. The learned counsel for the 3rd respondent further submitted that this Court has permitted the drawing and supplying of water on similar occasions. Hr. Sec. School, Nallipalayam, Namakkal, (2) Gnanamani Educational Institution, Pachal, Namakkal, (3) Park View Educational Institution, Aniyapuram, Namakkal, (4) Spectrum Matric. Educational Institution, Trichy Road, namakkal and (5) K.K.P. Fine Linen, Salem Road, Namakkal. 7. The learned counsel for the 3rd respondent further submitted that this Court has permitted the drawing and supplying of water on similar occasions. The Government orders, the order of the Collector and the Block Development Officer are on the same line, taking note of the balance of convenience and equity and the prevailing situation. He further submitted that while the present writ petition was taken up for admission, interim order of stay was granted. In view of the interim order, drawing of water is stalled, which has not been used by anyone at all. He further submitted that there is excess water in the Well, and so the 3rd respondent supplied water free of cost, and after it gets depleted, they are not entitled to water, much less the petitioner. 8. When the matter was earlier heard, as the Water is the source of livelihood, this Court has suggested the 3rd respondent to furnish the details of water requirements to the Schools and Industries, mentioned supra. The 3rd respondent has produced the same, which is extracted below: CALCULATION - QUANTITY OF WATER NEEDED PER DAY S.No. Name of the Education Institutions No. of liters needed per day Strength of the Student and Staff in the Institutions. 1. Kongu Nadu Matric. Hr.Sec.School, Nallipalayam, Namakkal 15,000 ltrs 500 2. Gnanamani Educational Institution, Pachal, Namakkal. 22,000 ltrs 1000 3. Park View Educational Institution, Aniyapuram, Namakkal 15,000 ltrs 400 4. Spectrum Matric. Educational Institution, Trichy Road, Namakkal 15,000 ltrs 1200 S.No. Name of the Factory No. of liters needed per day Strength of the Labourers 1 K.K.P. Fine Linen, Salem Road, namakkal 15,000 ltrs 600 9. Admittedly, the question is with regard to the supply of drinking water required for single person. No one will consume more than 3 to 4 litres of water per day, except few, on account of various reasons. The contention of the 3rd respondent is that the water may be required for toilet and other process cannot be gone into, since the issue is with regard to the supply of water only for drinking purposes. 10. No one will consume more than 3 to 4 litres of water per day, except few, on account of various reasons. The contention of the 3rd respondent is that the water may be required for toilet and other process cannot be gone into, since the issue is with regard to the supply of water only for drinking purposes. 10. The recommended amount of water to be drunk per day varies from person to person, depending on factors such as how active they are and how much they sweat. There is no universally agreed upon amount of water that must be consumed daily, but there is a general level of consensus as to what a healthy amount is. According to the Institute of Medicine (IOM), an adequate intake for men is approximately 13 cups (3 liters) a day. For women, an adequate intake is around 9 cups (2.2 liters). Many people will have heard the phrase, "drink eight 8-ounce glasses of water a day," which works out at around 1.9 liters and is close to the IOM's recommendation for women. 11. Though I find much force in the contention of the learned counsel for the petitioner that the Divisional Engineer alone is entitled to decide about the fetching of water and supply of water to the Schools and industries mentioned supra, this Court is not inclined to reject or interfere with the impugned order on technical ground alone. Water is one of the most vital natural resources for all life on Earth. The availability and quality of water always have played an important part in determining not only where people can live, but also their quality of life. Even though there always has been plenty of fresh water on Earth, water has not always been available when and where it is needed, nor is it always of suitable quality for all uses. Water must be considered as a finite resource that has limits and boundaries to its availability and suitability for use. Some important categories of water usage are: 1. Commercial water use includes fresh water for motels, hotels, restaurants, office buildings, other commercial facilities, and civilian and military institutions. 2. Domestic water use is probably the most important daily use of water for most people. Some important categories of water usage are: 1. Commercial water use includes fresh water for motels, hotels, restaurants, office buildings, other commercial facilities, and civilian and military institutions. 2. Domestic water use is probably the most important daily use of water for most people. Domestic use includes water that is used in the home every day, including water for normal household purposes, such as drinking, food preparation, bathing, washing clothes and dishes, flushing toilets, and watering lawns and gardens. 3. Industrial water use is a valuable resource to the nation's industries for such purposes as processing, cleaning, transportation, dilution, and cooling in manufacturing facilities. Major water-using industries include steel, chemical, paper, and petroleum refining. Industries often reuse the same water over and over for more than one purpose. 4. Irrigation water use is water artificially applied to farm, orchard, pasture, and horticultural crops, as well as water used to irrigate pastures, for frost and freeze protection, chemical application, crop cooling, harvesting, and for the leaching of salts from the crop root zone. 12. Though I agree with the contention of the petitioner that the water cannot be used for commercial purpose, under the guise of free cost, water cannot be converted into money. Unfortunately, now it has become a commercial product. This Court is of the view that taking into consideration of the total strength of the students and number of staff in the institution and strength of the labourers in the industries, supply of 45,000 litres of water on alternative days is enough. More than 45,000 litres is not required on alternative days, which is suffice as on date. However, this Courts makes it very clear that if there is depletion of water level, it is open to the 3rd respondent to supply or not to supply, on his own discretion. 13. The learned Special Government Pleader submitted that the Divisional Engineer's permission is not required, and the District Collector is the competent authority to pass orders. As to whether the Divisional Engineer is the competent authority to pass orders to permit drawal of water, is not gone into by this Court and the issue is left open, and taking note of that water is essential for survival of all persons, drawal of 45,000 litres is permitted for alternative days and PWD shall maintain the same. 14. With the above observation and direction, the writ petition is disposed of. 14. With the above observation and direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.