IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 31489 OF 2012
PETITIONER:
ALIKUNJU
AGED 56 YEARS
S/O.KUNJUJU, THEKKEKKARA HOUSE,
PEZHAKKAPPILLY, MUVATTUPUZHA.
BY ADVS.
SRI.T.A.UNNIKRISHNAN
SRI.K.S.PRAVEEN
RESPONDENTS:
1 THE PAYIPRA GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, PAYIPRA,
MUVATTUPUZHA, PIN 686661.
2 THE REVENUE DIVISIONAL OFFICER
MUVATTUPUZHA, PIN 686661.
3 THE EXECUTIVE ENGINEER
PUBLIC WORK DEPARTMENT (ROADS DIVISION)
MUVATTUPUZHA, PIN 686661.
4 THE SUB INSPECTOR OF POLICE
MUVATTUPUZHA, PIN 686661.
BY ADVS.SMT.R.PRIYA
SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER
SRI.M.B.SANDEEP
SRI.V.VISAL AJAYAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.31489/2012
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.31489 of 2012
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Dated this the 29th day of June, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of mandamus or such other writ, order or direction, directing the 1 st respondent to open the covering slabs of drainage on either sides of MC road which run through the limits of the 1 st respondent, conduct inspection for detecting discharge of sewages from the premises of private parties, take prompt actions to stop the same and also take actions against the responsible persons provided under law.
ii. Issue a writ of mandamus or such other writ, order or direction, directing the respondents 2 to 4 to give necessary help and assistance to the 1st respondent for abating nuisance due to W.P.(C).No.31489/2012 3 discharge of effluents to the drainages on the sides of MC road at Pezhakkappilly. iii. Grant such other writ, order or direction as this Honourable Court may deem fit and proper in the facts and circumstances of the case.
(SIC)
2. The petitioner is a resident of Pezhakkappilly Kara which comes with in the jurisdiction of the 1 st respondent. He is filing this writ petition highly aggrieved by the inaction on the part of the respondents in not taking actions for stopping discharge of sewage directly to the rain water drainage constructed in his village on the sides of MC road. According to the petitioner, the business establishments including lodges and hotels are discharging filthy water and sewages directly to the drainage. The drainage connected to a natural stream by name 'Nirappil Thodu' is highly polluted. Inspite of specific direction from the Ombudsman for Local Self Government Institutions, the authorities are not taking any action. Hence this writ petition.
3. Heard the learned counsel for the petitioner and the learned counsel for the 1 st respondent. I also heard the W.P.(C).No.31489/2012 4 learned Government Pleader.
4. This writ petition is pending before this Court from 2012 onwards. The learned counsel for the petitioner submitted that even now the nuisance is continuing. If that is the case, the petitioner can file a fresh representation narrating his grievance raised in this writ petition before the 1st respondent Panchayat so that the 1st respondent Panchayat can take appropriate action in accordance to law within a time frame.
Therefore, this writ petition is disposed of in the following manner:
1. The petitioner is free to file a representation narrating his grievance raised in this writ petition before the 1st respondent, within three weeks from the date of receipt of a copy of this judgment.
2. Once such a representation is received, the 1 st respondent will consider the same and take appropriate action in accordance to law, after giving notice to the affected parties including the petitioner, as expeditiously as possible, at W.P.(C).No.31489/2012 5 any rate, within three months from the date of receipt of the representation.
sd/-
P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.31489/2012 6 APPENDIX OF WP(C) 31489/2012 PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE COMPLAINT DATED 23.03.2012 SUBMITTED TO THE ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM EXHIBIT P2 COPY OF THE REPORT DATED 19.03.2012 SUBMITTED BY TEH HEALTH INSPECTOR, PAIPRA TO THE 1ST RESPONDENT EXHIBIT P3 COPY OF THE ORDER DATED 26.09.2012 IN OP NO.402/2012 OF THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM