P GANESAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS writ petition is filed by the village president of Valliammalpuram for a Mandamus, forbearing the respondents 1 to 5 from permitting the 6th respondent's water plant to function the water plant and also for a direction to the respondents to protect the residents of Valliammalpuram as well as agriculturists residing in and around the petitioner's village.

(2.) THE averments made in the affidavit filed in support of the writ petition are as follows: THEre are about 250 families are residing in the petitioner's village and the villagers eking their livelihood by doing agricultural operations such as cultivation of paddy, plantain, ragi, chilli etc., THEy are doing agriculture as well as dairy farm in their own lands to the extent of 280 acres. Apart from agriculture, they are using the drinking water from a common over head water tank situated in the village and the drinking water stored in the water tank through a pumping well which is 200 feet depth is situated in the nearby village. While the situation stood thus, the sixth respondent has installed a water plant in the name of 'Viswa Industries' in S.Nos.168/11, 12, 13 of Valliammalpuram village to the extent of 7 acres of agriculture land. A bore well also was dug upto the depth of 850 feet for the purpose of sucking ground water to the plant for producing mineral water etc. When the villagers came to know about the bore-well dug up by the sixth respondent to the depth of 850 feet, for the purpose of producing mineral water plant, they sent a common representation, dated 19.06.2010 to the respondents 1, 3 and 4 requesting them to stop the installation of the proposed water plant and protect their livelihood.

(3.) AGGRIEVED over the same, the sixth respondent filed a petition to vacate the interim injunction, by denying all the allegations made in the writ petition. It is the specific case of the sixth respondent that all the wells and bore-wells in the village are situated within 100 meters from the residential area and from the Hanuman Nathi which is a perennial river with copious water flowing in the residential area of the village situated nearby whereas the sixth respondent is having his industry just 1km away from the residential area. But the sixth respondent has put up bore well up to the depth of 301 feet and not to the depth of 850 feet as alleged in the writ petition and the sixth respondent has installed only 3 HB motor for taking out the water and in that situation there is no reduction of water level in that area because of the continuous and copious flow of water from the said river and above-all, the sixth respondent has obtained a "no objection certificate" on 13.10.2009, from the Nainaragaram Village Panchayat, the sixth respondent. Absolutely, there is no spoiling of the source of drinking water to the villagers. The sixth respondent had got all necessary permission from the Government agencies for establishing the industry. It is further stated that adjoining the sixth respondent's bore-well, there are agricultural lands and bore-wells belonging to various third parties who are hailing from other villages but they have not made any complaint about the alleged decrease of the water level in their bore-well. The petitioner has filed the present writ petition only to settle his score of private interest.