IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
WP(C) NO. 24930 OF 2022
PETITIONERS:
1 SENSO V. SCARIA
AGED 36 YEARS
S/O.SCARIA, VADAKKEKUDIYIL HOUSE, VADAKODE P.O.,
VAZHAKKULAM, ERNAKULAM - 686 670.
2 PIOUS MATHEW
AGED 62 YEARS
S/O.MATHEW, MAKKUCHIRA HOUSE, VADAKODE, P.O.VAZHAKKULAM,
ERNAKULAM - 686 670.
3 ANEESH GEORGE
AGED 39 YEARS
S/O.GEORGE, POTHANAMKUNNEL HOUSE, VADAKODE P.O.,
VAZHAKKULAM, ERNAKULAM - 686 670.
4 FRANCIS MATHEW
AGED 65 YEARS
S/O.MATHEW, MAKKUCHIRA HOUSE, VADAKODE P.O., VAZHAKKULAM,
ERNAKULAM - 686 670.
BY ADV GEORGEKUTTY MATHEW
RESPONDENTS:
1 THE MANJALLOOR GRAMA PANCHAYATH
MANJALLOOR P.O., MUVATTUPUZHA,
REPRESENTED BY ITS SECRETARY, PIN - 686 670.
2 THE SECRETARY
MANJALLOOR GRAMA PANCHAYATH, MANJALLOOR P.O.,
MUVATTUPUZHA, PIN - 686 670.
3 T.L.GEORGE
THOTTUMARICKAL HOUSE, VAZHAKKULAM P.O., MUVATTUPUZHA,
ERNAKULAM - 686 670.
BY ADVS.
G.BHAGAVAT SINGH, SC, MANJALLOOR GRAMA PANCHAYAT
PHILIP J.VETTICKATTU-R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.24930 OF 2022
2
JUDGMENT
Dated this the 10th day of August, 2022 The petitioners filed Ext.P1 representation against the alleged illegal operation of the quarry by the 3rd respondent. According to the petitioners, the nuisance and pollution from the quarry are so severe that the petitioners and their family are unable to live in their residential houses. Though the petitioners have raised their grievances in Ext.P1, the Panchayat authorities are not considering the same. It is under such circumstances that the petitioners are before this Court.
2. Counsel representing the 3rd respondent submitted that the 3rd respondent has approached this Court filing W.P.(C) No.22946 of 2022 and this Court has directed the 2nd respondent therein to consider and pass orders on Exts.P3 and P4 applications submitted by the 3rd respondent herein. WP(C) NO.24930 OF 2022 3
3. The petitioners have raised their grievances by filing Ext.P1 complaint. The Secretary to the Panchayat is empowered under Section 233A of the Kerala Panchayat Raj Act, 1994 to take steps for abatement of nuisance caused by factory, workshop, etc.
4. The counsel for the petitioners submitted that in this case, taking into consideration the fact situation at the ground level, the Secretary to the Panchayat is bound to consider Ext.P1 representation under Section 233A(3) of the Kerala Panchayat Raj Act, 1994.
5. Counsel representing the 3rd respondent, however, submitted that the Secretary can invoke Section 233A(3), only after following the mandates in Sections 233A(1) and 233A(2). This Court does not propose to adjudicate the said dispute at this stage.
In the facts and circumstances of the case, the writ petition is disposed of directing the 2nd respondent-Secretary to WP(C) NO.24930 OF 2022 4 consider Ext.P1 representation submitted by the petitioners in accordance with law, within a period of three weeks, after granting an opportunity of hearing to the representatives of the petitioners and the 3rd respondent.
sd/-
N.NAGARESH JUDGE hmh WP(C) NO.24930 OF 2022 5 APPENDIX OF WP(C) 24930/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 30/07/2022 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENT PANCHAYATH.
RESPONDENT EXHIBITS Exhibit R1(A) TRUE COPY OF THE STOP MEMO DATED 13/07/2022 ISSUED BY THE 2ND RESPONDENT Exhibit R1(B) TRUE COPY OF THE JUDGMENT DATED 27/07/2022 IN W.P() 22946/2022