IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
WP(C) NO. 23640 OF 2022
PETITIONER:
SINDHU M
AGED 53 YEARS
CHAMAKKALA VEEDU, PANAYAM CHERRY, ANCHAL P.O.,
KOLLAM-691 306
BY ADVS.
G.BHAGAVAT SINGH
KELU BHAGAVAT
SHYJU S.
RESPONDENTS:
1 INDIRA
W/O. GOPALAKRISHNA PILLAI,
CHERUVALLIL VEEDU (JAYA VILASAM), PANAYAMCHERY,
ANCHAL P.O., KOLLAM-691306.
2 ANCHAL GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
ANCHAL P.O, KOLLAM-691306
3 THE MEDICAL OFFICER,
COMMUNITY HEALTH CENTRE ANCHAL, ANCHAL P.O.,
KOLLAM-691306.
4 THE DISTRICT MEDICAL OFFICER (HEALTH),
KOLLAM-691306.
5 THE STATION HOUSE OFFICER,
ANCHAL POLICE STATION, ANCHAL P.O.,
KOLLAM-691306.
BY ADV SHRI.C.J.JOY, SC,ANCHAL GRAMA PANCHAYAT
ADV.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.23640/2022
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.23640 of 2022
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Dated this the 10th day of August, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of mandamus directing the 2nd respondent to execute Ext.P12 order in letter and spirit immediately and realize the entire cost from the 1st respondent and her movable and immovable properties.
ii. Direct the 5th respondent to ensure that there is no untoward incident to be happened at the time of implementation of Ext.P12 and ensure that the 2nd respondent complete the execution of the same without any hurdles.
iii. Issue an appropriate writ or order or direction to the respondents, which this Hon'ble Court may deem fit and proper to the facts and circumstances of the case.
(SIC)
2. The petitioner is owner of the property covered by Ext.P-1. In the year 2016 the petitioner constructed a new house and started residing there permanently. It is the case of the petitioner that the water in the well is contaminated and W.P.(C).No.23640/2022 3 therefore the petitioner tested the same before the Quality Control District Laboratory of Kerala Water Authority at Kollam and in the report, it is found that the water contain coliform and e.coli bacteria. Thereafter she filed Exts.P3 and P4 before respondents 3 and 4. On that basis, the Panchayat issued directions to the 3rd respondent to enquire and resolve the issue. Ext.P9 to P12 are the proceedings issued by the Panchayat. The grievance of the petitioner is that the Panchayat is not taking consequential steps. Hence this writ petition.
3. Heard the learned counsel for the petitioner and the learned counsel for the Panchayat. I also heard the learned Government Pleader for the 5 th respondent. Even though notice was issued to the 1st respondent, there is no appearance.
4. It is an admitted fact that the Panchayat already issued notices to the 1st respondent and the last one is Ext.P12. The learned counsel for the Panchayat submitted that the Panchayat authorities inspected the properties after Ext.P12 and there is some technical difficulties to remove the W.P.(C).No.23640/2022 4 slab and pit because of an existing wall and a building.
Ext.R2(a) is the mahazar. After that, a notice bearing No.A8/8323/21 dated 08.08.2022 is issued to the 1 st respondent. The learned counsel for the Panchayat submitted that appropriate steps will be taken in accordance to law. In the light of the same, this writ petition can be disposed of directing the Panchayat to take consequential steps based on Ext.P12, as expeditiously as possible.
Therefore, this writ petition is disposed of in the following manner:
1. Respondents 2 to 4 are directed to do the needful to see that consequential steps based on Ext.P12 are taken as expeditiously as possible.
2. If there is any obstruction from the 1st respondent, the 5th respondent will provide adequate police protection to respondents 2 to 4 to implement Ext.P12 and other notices.
sd/-
P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.23640/2022 5 APPENDIX OF WP(C) 23640/2022 PETITIONER EXHIBITS Exhibit P1 COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER ANCHAL DATED 06/05/2022 Exhibit P2 COPY OF THE REPORT ON ANALYSIS OF WATER DATED 16/10/2021. ISSUED BY QUALITY CONTROL DISTRICT LABORATORY OF KWA AT KOLLAM.
Exhibit P3 COPY OF THE COMPLAINT DATED 22/11/2021 FILE BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P4 COPY OF THE COMPLAINT DATED 22/11/2021 FILE BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P5 COPY OF THE REPORT SUBMITTED BY THE HEALTH INSPECTOR BEFORE THE 3RD RESPONDENT DATED 25/11/2021.
Exhibit P6 COPY OF THE LETTER DATED 22/01/2022 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.
Exhibit P7 COPY OF THE LETTER DATED 09/03/2022 ISSUED BY THE ENVIRONMENTAL ENGINEER TO THE 2ND RESPONDENT ALONG WITH THE REPORT SUBMITTED BY THE OVERSEER.
Exhibit P8 COPY OF THE LETTER DATED 09/03/2022 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT.
Exhibit P9 COPY OF THE LETTER DATED 30/04/2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
Exhibit P10 COPY OF THE LETTER DATED 11/05/2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
Exhibit P11 COPY OF THE LETTER DATED 06/05/2022 ISSUED BY THE 2ND RESPONDENT TO THE ASST. DIRECTOR OF PANCHAYATH KOLLAM. Exhibit P12 COPY OF THE LETTER DATED 12/07/2022 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.