Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 18TH DAY OF DECEMBER 2023 / 27TH AGRAHAYANA, 1945 WP(C) NO. 41118 OF 2023 PETITIONER:
JINEESH P A, AGED 43 YEARS PUTHENKANDATHIL HOUSE, BHOOTHANAM COLONY P. O., PULPALLI, SULTHANBATHERY TALUK, WAYNAD DISTRICT, MANAGING PARTNER, SEETHA DEVI BOREWELLS, PUPALLI P. O., SULTHANBATHERY TALUK, WAYANAD, PIN - 673579 BY ADVS.P.SREEKUMAR HELEN P.A.
STEPHANIE SHARON ATHUL ROY NITHIN ANTONY JOSE RESPONDENTS:
1 THE DISTRICT OFFICER GROUND WATER DEPARTMENT, MEENANGADI P. O., WAYANAD., PIN - 673591 2 THE DIRECTOR KERALA STATE GROUND WATER AUTHORITY, JALAVINJANA BHAVAN, 3RD FLOOR, AMBALAMUKKU, KOWDIAR P.O., THIRUVANANTHAPURAM., PIN - 695003 3 KERALA STATE GROUND WATER AUTHORITY JALAVINJANA BHAVAN, 3 RD FLOOR, AMBALAMUKKU, KOWDIAR P. O., THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR., PIN - 695003 4 WATER RESOURCES (GROUND WATER) DEPARTMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM , REPRESENTED BY ITS SECRETARY., PIN - 695001 SRI.SUNIL KUMAR KURIAKOSE, G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)41118 OF 2023 2 JUDGMENT Petitioner singularly pleads that his Exts.P8 and P9 applications be directed to be considered by the second respondent.
2. Sri.P.Sreekumar - learned counsel for the petitioner, pointed out that, only reason why the second respondent is refusing to consider the afore applications, is because his registration had been earlier cancelled; but, it has been assailed by him in W.P.(C)No.12282/2021 in which, an order of stay has already been granted. He asserted that, therefore, this is a case where it should be construed that his client is still operating under a valid registration; and consequently that Exts.P8 and P9 applications are now liable to be considered in terms of this.
3. The learned Government Pleader - Sri.Sunil Kumar Kuriakose, in response, affirmed that the only reason why the second respondent has not considered Exts.P8 and P9 applications of the petitioner is because of the pendency of W.P.
(C)No.12282/2021. He added that, however, if this Court is inclined to direct these applications to be considered and decided, then it may be clarified that, should W.P.(C)No.12282/21 end against the petitioner, any benefit to be issued under the afore applications will also stand withdrawn.
WP(C)41118 OF 2023 3 4. Sri.P.Sreekumar, learned counsel for the petitioner, agreed to the afore suggestion, saying that, should his client loose W.P.(C)No.12282/21, then certainly, he would not obtain any benefit consequent to Exts.P8 and P9 applications.
5. In the above circumstances, I allow this writ petition, directing the second respondent to take up and decide Exts.P8 and P9 applications of the petitioner, after affording him an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.
I clarify that the decision to be taken on Exts.P8 and P9 applications will be de hors the earlier cancellation/registration of the petitioner, which is the subject matter in W.P.(C)No.12282/21;
and consequently, that should the said writ petition end to his detriment, any benefit that he may obtain through these directions, will also stand automatically withdrawn.
SD/- DEVAN RAMACHANDRAN JUDGE
WP(C)41118 OF 2023 4 APPENDIX PETITIONER’S EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 17.7.2018 OF M/S. SEETHA DEVI BORE WELL Exhibit P2 THE TRUE COPY OF THE LICENSE GRANTED TO THE PETITIONER DATED 11/05/2023 Exhibit P3 THE TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED TO M/S. SEETHA DEVI BORE WELLS BY THE DISTRICT OFFICER, GROUND WATER DEPARTMENT, WAYANAD DATED 1.10.2019 Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED 09/12/21 GRANTED IN W.P.(C) 12282 OF 2021 BY THIS HON'BLE COURT Exhibit P5 TRUE COPY OF THE ORDER DATED 17.12.2021 PASSED BY THIS HON'BLE COURT IN W.P.(C) 12281 OF 2021 Exhibit P6 COPY OF THE AFFIDAVIT DATED 23.04.2021 FILED BY THE PETITIONER RELINQUISHING THE RIGHT OF LICENSE AND REGISTRATION OF THREE RIGS Exhibit P7 TRUE COPY OF THE ORDER NO. DGWD/306/2022/T(4) DATED 21/03/2023 BY THE DIRECTOR, GROUND WATER DEPARTMENT Exhibit P8 TRUE COPY OF THE RIG REGISTRATION APPLICATIONS NO. 1 DATED NIL Exhibit P9 TRUE COPY OF THE RIG REGISTRATION APPLICATIONS NO. 2 DATED 20.07.2023 Exhibit P10 TRUE COPY OF THE E-CHALLAN RECEIVED AFTER THE PAYMENT OF THE APPLICATION FEES OF RS. 1000/- FOR THE REGISTRATION OF RIG NO. 1 Exhibit P11 TRUE COPY OF THE E-CHALLAN RECEIVED AFTER THE PAYMENT OF THE APPLICATION FEES OF RS. 1000/- FOR THE REGISTRATION OF RIG NO. 2 Exhibit P12 TRUE COPY OF THE LETTER NO. GW/DW/T/1362/23 OF THE 1ST RESPONDENT DATED 29/09/2023 REJECTING THE PETITIONER'S APPLICATION // TRUE COPY // P.S. TO JUDGE