Vincent Kattassery vs Elamkunnapuzha Grama Panchayat
2021 Latest Caselaw 17230 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 13TH DAY OF AUGUST 2021/ 2ND SRAVANA, 1943
                    WP(C) NO. 15122 OF 2021


PETITIONER:

         VINCENT KATTASSERY,
         S/O. MANUEL KATTASSERY,
         AGED 63 YEARS, KATTASSERY HOUSE,
         KARTHEDOM, MALIPPURAM P.O.,
         KOCHI 682 511.

         BY ADV DENIZEN KOMATH
RESPONDENTS:

    1    ELAMKUNNAPUZHA GRAMA PANCHAYAT,
         VYPIN, MALIPURAM P.O.,
         ERNAKULAM DISTRICT, KOCHI 682 511,
         REPRESENTED BY ITS SECRETARY.

    2    HEALTH INSPECTOR,
         COMMUNITY HEALTH CENTER,
         MALIPPURAM P.O., VYPIN,
         ERNAKULAM DISTRICT, KOCHI 682 511.

    3    STATION HOUSE OFFICER,
         NJARAKKAL POLICE STATION,
         NJARAKKAL P.O, KOCHI 682 505.

    4    JOSHY VARGHESE, S/O. XAVIER,
         THAIPPARAMBIL HOUSE, KARTHEDOM,
         MALIPPURAM P.O., KOCHI 682 511.

         BY ADV P.M.BENZIR
         SR.GOVT.PLEADER SMT.SURYA BINOY

     THIS WRIT PETITION       (CIVIL) HAVING COME UP   FOR
ADMISSION ON 13.08.2021,      THE COURT ON THE SAME    DAY
DELIVERED THE FOLLOWING:
 WP(C) No.15122/2021
                                  :2 :




                          JUDGMENT

~~~~~~~~~

Dated this the 13th day of August, 2021

The petitioner seeks for a direction to dispose of

Ext.P1 complaint filed by the petitioner before the Secretary to

the Grama Panchayat. The complaint is that the 4 th

respondent has extended a drainage pipe from his property to

drift out filthy waste to the thodu in the property of the

petitioner.

2. Heard the learned counsel for the petitioner, the

learned Government Pleader representing the 3 rd respondent

and the learned Standing Counsel for the 1 st respondent. In

view of the nature of relief being granted in this writ petition,

return of notice to the respondents is dispensed with.

3. The learned Standing Counsel for the 1 st

respondent, on instructions, submits that Ext.P1 complaint

was forwarded to the Petition Redressal Adalat and a Sub WP(C) No.15122/2021

Committee was appointed to look into the matter. As soon as

the Sub Committee submits its report, appropriate decision will

be taken on Ext.P1.

In view of the aforesaid submission, the writ petition

is disposed of directing the 1 st respondent to take a final

decision in the matter within a period of one month from the

date of receipt of the report of the Sub Committee, after giving

an opportunity of hearing to the petitioner and the 4 th

respondent.

Sd/-

N. NAGARESH, JUDGE

aks/14.08.2021 WP(C) No.15122/2021

APPENDIX OF WP(C) 15122/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 20-04-2021 Exhibit P1(a) TRUE PHOTOCOPY OF THE RECEIPT OF ACCEPTANCE OF EXHIBIT P1 Exhibit P2 TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE 2ND RESPONDENT.

Exhibit P3 TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE 3RD RESPONDENT DATED 20-04-2021 Exhibit P3(a) TRUE PHTOOCOPY OF THE RECEIPT ISSUED BY 4TH RESPONDENT Exhibit 4 TRUE PHOTOCOPY OF THE PHOTOGRAPH OF THE UNAUTHORIZEDLY LAID PIPE AND THE FLOW OF FIFTHY WATER TO THE INSIDE OF THE PROPERTY OF THE PETITIONER ncd