IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
WP(C) NO. 29659 OF 2021
PETITIONER/S:
JAYASREE, AGED 55 YEARS
W/O.MURALEEDHARAN, MURALIKA, PLAKUDI LANE,
KOMANA, AMBALAPUZHA P.O., ALAPUZHA DISTRICT, PIN
- 688 561.
BY ADVS.
S.K.BALACHANDRAN
N.D.DEEPA
RESPONDENT/S:
1 AMBALAPUZHA THEKKU GRAMA PANCHAYATH
AMBALAPUZHA P.O., AMBALAPUZHA - 688 561,
REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY
AMBALAPUZHA THEKKU GRAMA PANCHAYATH,
AMBALAPPUZHA P.O., AMBALAPUZHA - 688 561.
3 SREEKUMARIAMMA
GOPIKA, PLAKKUDI LANE, KOMANA, AMABALAPUZHA
P.O., AMBALPUZHA - 688 561.
BY ADVS.
BRIJESH MOHAN
R.RAJPRADEEP
SREEDEVI S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
W.P.(C). No. 29659 of 2021
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 29659 of 2021
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Dated this the 28th day of June, 2022
JUDGMENT
The above writ petition is filed with following prayers: "a) To issue a writ of mandamus or other appropriate writ or order directing the 2nd respondent to implement Exhibit P5 order in its true spirit forthwith, within a time frame fixed by this Hon'ble Court.
b) To pass such other orders as are just and necessary in the interest of justice that this Hon'ble Court may deem fit and proper considering the facts and circumstances of the case." (sic)
2. The petitioner and the 3rd respondent are neighbours. It is the case of the petitioner that during 2005 a bathroom cum latrine was constructed on the southern side of the 3 rd respondent's house facing the kitchen portion of the petitioner's residence. The latrine was constructed in violation of the Kerala Panchayat Building Rules causing nuisance and health hazards to the petitioner's family. The petitioner initiated steps -3- W.P.(C). No. 29659 of 2021 to abate the nuisance before the Sub Divisional Magistrate, Alappuzha and before respondents 1 and 2. Even though several directions were made to the 3rd respondent and her husband to remove the illegal constructions the nuisance remain unabated, is the contention of the petitioner. Thereafter, the 2 nd respondent issued Ext.P5 order under Rule 90(1) of the Kerala Panchayat Building Rules, against the 3rd respondent to remove the illegal construction. But the 3rd respondent is not complying the said order. Hence, this writ petition is filed.
3. Heard the counsel for the petitioner and the counsel appearing for respondents 1 and 2. There is no appearance for the 3rd respondent.
4. The counsel for the petitioner reiterated his contentions in the writ petition. The counsel appearing for respondents 1 and 2 submitted that some remedial measures are already taken by the 3rd respondent. But the counsel for the -4- W.P.(C). No. 29659 of 2021 petitioner submitted that the 3rd respondent is violating the order continuously and removing the remedial measures already taken. It is the duty of the respondents 1 and 2 to take appropriate action, in accordance to law. Anyway there is Ext.P5 order. Therefore, the respondents 1 and 2 to take follow up action based on Ext.P5, in accordance to law.
Therefore, this writ petition is disposed of in the following manner:
1. Respondents 1 and 2 are directed to take follow up action, based on Ext.P5, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment.
2. Before taking further steps and passing final orders, an opportunity of hearing should be given to the petitioner and the 3rd respondent.
sd/-
P.V.KUNHIKRISHNAN JUDGE das -5- W.P.(C). No. 29659 of 2021 APPENDIX OF WP(C) 29659/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SPOT INSPECTION REPORT DT. 24/8/2005 AND FORWARDED BY THE HEALTH OFFICER ON 27/8/2005.
Exhibit P2 TRUE COPY OF THE ORDER DT.
256/10/2019.
Exhibit P3 TRUE COPY OF THE ORDER DT. 17/2/2020.
Exhibit P4 TRUE COPY OF THE SAID ORDER NO.F
6209/19 DT. 17/3/2020.
Exhibit P5 TRUE COPY OF THE SAID NOTICE DT.
12/10/2021.
Exhibit P6 TRUE COPY OF THE NOTICE DT.
17/11/2021.