[Order of the Court was made by G.R.SWAMINATHAN, J.] This writ petition has been filed for forbearing the third respondent from fetching water from the newly excavated well situate in land comprised in Survey No.379/2 at S.Mariyur Village, Kadaladi Taluk, Ramanathapuram District.
2.The Tahsildar, kadaladi Taluk filed his counter affidavit confirming the petitioner's allegations. The third respondent is said to be taking water from the well in question for commercial purpose and selling the same at Rs.5 per water pot. The third respondent is not having any permission to commercially exploit the under ground water source. He is therefore restrained from commercially exploiting the water source in the said Survey No.379/2.
3.On the other hand, the petitioner is also supplying water by drawing the same from two wells situated in Survey No.380/7A. But, the water supply is not for commercial purpose as a mere sum of Rs.30 per family is being collected per month and around 700 families are benefited. Therefore, the activities of the writ petitioner cannot be said to be commercial in nature. The respondents 1 and 2 are directed to ensure that the third respondent does not commercially exploit the water source found in Survey No.379/2 at S.Mariyur Village, Kadaladi Taluk, Ramanathapuram District.
4.This Writ petition is allowed accordingly. No costs. Consequently, connected W.M.P.(MD)No.11165 of 2017 is closed.
To:
1.The District Collector, Ramanathapuram District, Ramanathapuram.
2.The Tahsildar, Kadaladi Taluk, Ramanathapuram District.
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