P.Aboobacker vs The Moonniyoor Grama Panchayath
2021 Latest Caselaw 11465 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

    THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                       WP(C).No.8710 OF 2021(K)


PETITIONER:

               P.ABOOBACKER
               AGED 52 YEARS
               S/O MOHAMMED KUTTY, THARAYIL PALLIYALIL HOUSE,
               VELIMUKKU (PO), PIN-676 317,TIRURANGADI TALUK,
               MALAPPURAM DISTRICT

               BY ADVS.
               SRI.JAMSHEED HAFIZ
               SMT.K.K.NESNA

RESPONDENTS:

      1        THE MOONNIYOOR GRAMA PANCHAYATH
               REPRESENTED BY ITS SECRETARY, VELIMUKKU SOUTH (PO),
               PIN-676 317, TIRURANGADI TALUK, MALAPPURAM DISTRICT

      2        THE SECRETARY MOONNIYOOR GRAMA PANCHAYATH,
               VELIMUKKU SOUTH (PO), PIN-676 317, TIRURANGADI TALUK,
               MALAPPURAM DISTRICT

      3        NOUSHEENA LATHEEFA A.V.,
               W/O.MANZOOR, AGED 40 YEARS
               KOZHITHODI, ERAKKOTTU PARAMBIL HOUSE,
               THAYYILAKKADAVU P.O., VELIMUKKU
               MALAPPURAM DISTRICT - 676 317

               R1,R2 BY ADV. SRI.R.RAMADAS
               R3 BY ADV. BINOY VASUDEVAN
               BY ADV.SMT.RANJITA.G, GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8710 OF 2021(K)

                                           2




                            W.P.(C) No.8710 of 2021
                      --------------------------------------------


                                    JUDGMENT

The petitioner has drawn a pipeline through a road

maintained by the first respondent Panchayat. On receipt of

complaints alleging that the road has become unfit for use on account

of leakage of water from the pipeline, the second respondent, the

Secretary of the Panchayat issued Ext.P2 notice directing the petitioner

to remove the pipeline. Ext.P2 is under challenge in the writ petition.

2. When this matter was taken up, the learned Senior

Counsel for the petitioner submitted that the Panchayat cannot take

the stand that the petitioner shall not draw water line to his premises,

and in order to alleviate the grievance of the complainants, he is

prepared to make alternative suggestions before the Panchayat for

drawing the water line without causing any damage to the road.

3. The learned counsel for the Panchayat submitted that

the impugned notice has been issued having regard to the damage

caused to the road, and the Panchayat is prepared to consider the

alternative suggestions of the petitioner for drawing water line, without

causing damage to the road.

WP(C).No.8710 OF 2021(K)

Having regard to the submissions made by the learned

counsel for the parties on either side, the writ petition is disposed of

permitting the petitioner to make alternative proposals for drawing

water line before the Panchayat within ten days from today, and

directing the Panchayat to consider the alternative proposals with

notice to the petitioner as also the additional third respondent within

two weeks thereafter.

Sd/-

                                           P.B.SURESH KUMAR

Mn                                               JUDGE
 WP(C).No.8710 OF 2021(K)





                               APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1                 A TRUE COPY REPLY ISSUED BY THE PANCHAYATH
                           DATED 29.3.2021

EXHIBIT P2                 A TRUE COPY OF THE ORDER ISSUED BY THE
                           PANCHAYATH DATED 29.3.2021

EXHIBIT P3                 A TRUE COPY OF THE REPORT OF THE CHEMIST,
                           GEO MAX, WATER QUALITY ANALYSIS LAB,
                           MALAPPURAM DATED 30/03/2021.

EXHIBIT P4                 A TRUE COPY OF THE APPLICATION SUBMITTED

BEFORE THE 2ND RESPONDENT DATED 03/04/2021.

EXHIBIT P5 A TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 03/04/2021.

//TRUE COPY// PA TO JUDGE