Illegal borewells in Pala 'expose' Kerala's wider water crisis: Court intervenes

By Rosamma Thomas*

On April 10, 2026, the in Pala town of Kottayam district, ruling on an interlocutory application in Original Suit 165/2025 filed by this reporter, directed that an illegally operating borewell dug in Arunapuram, Pala, in March 2024 shall not function until it obtains the required licence.

The order indicates that the borewell had been functioning without permission for an extended period. In its submission before the Munsiff Court, the acknowledged that although the well was dug in March 2024, the owner of the premises, , applied for a no-objection certificate only on October 24, 2024.

Mr Dominic had earlier submitted to the Groundwater Authority that he was unaware of the rules and had dug the well in ignorance. It is pertinent to note that his wife, Mrs Mary Dominic, served as chairperson of the municipality in 2020.

The borewell dug in March 2024 is also the second of two borewells installed by Mr Dominic, who runs a student hostel accommodating around 80 students of , a coaching centre preparing students for medical and engineering entrance examinations. Within a plot of about 16 cents—less than a fifth of an acre—two borewells are currently in operation.

Kerala already has one of the highest densities of wells in India. Over 60 per cent of households depend on wells for water, and there are about 250 open wells per square kilometre, according to a November 2015 report on the .

The has also acted against illegal groundwater extraction across the country. In Delhi alone, it has ordered the sealing of over 10,000 illegally dug borewells. In September 2020, the tribunal directed the Central Groundwater Authority to take steps to curb illegal extraction, following which the authority wrote to district collectors nationwide to act on the issue.

The has been commended for its Heat Action Plan, but concerns remain that unchecked borewell drilling could aggravate the state’s vulnerability to rising temperatures. Tree felling for road widening has further reduced canopy cover, exposing pedestrians and two-wheeler riders to intense heat.

Following the digging of the contested borewell in Arunapuram in March 2024, a traditional well located about five metres away—serving the family for five generations and the sole water source for the plaintiff—ran dry. Although it has since become functional again, the water quality has deteriorated, requiring filtration and boiling before use. Earlier, the well provided clear drinking water without such treatment.

The groundwater situation in the state has drawn judicial concern. In December 2025, the High Court directed the state government to ensure that the State Groundwater Authority becomes operational to regulate extraction sustainably.

In an affidavit before the High Court, the state Groundwater Department stated that it lacked both the technical expertise and funds to establish the authority as envisaged under the .

This reporter is arguing the case in the Pala Munsiff Court as party in person. The matter has been heard by on a single bench. While responses and hearings have challenged the claims made by the defendants, the interim order is limited to restraining water extraction without a permit and does not direct the sealing of the borewell, as sought in the application.

Lower courts generally operate with minimal media scrutiny, even though many cases in family and munsiff courts have implications beyond the immediate parties. Greater routine coverage could help bring such proceedings into the public domain.

(Full disclosure: Mr KV Dominic, the first respondent, is an uncle of the reporter. Complaints submitted to the Pala Municipality and the Groundwater Department were not acted upon; both departments are respondents in the case.)

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*Freelance journalist

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