B.Santhakumari vs State Of Kerala
2021 Latest Caselaw 13606 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

         THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943

                         WP(C) NO. 7906 OF 2017

PETITIONER/S:

           B.SANTHAKUMARI
           AGED 60 YEARS
           W/O.P.N.RAGHAVAN PILLAI, PALAYATHUMVILA VEEDU, PATHRICKAL
           (P.O.),PATHANAPURAM.
           BY ADVS.
           SRI.NIDHI BALACHANDRAN
           SRI.SABU GEORGE


RESPONDENT/S:

     1     STATE OF KERALA
           REPRESENTED BY IT'S SECRETARY TO GOVERNMENT,DEPARTMENT OF
           LOCAL SELF GOVERNMENT, SECRETARIAT,THIRUVANANTHAPURAM -
           695001.
     2     THE DISTRICT COLLECTOR
           PATHANAMTHITTA - 689645.
     3     KALANJOOR GRAMA PANCHAYATH
           REPRESENTED BY IT'S SECRETARY, KALANJOOR,PATHANAMTHITTA
           DISTRICT - 689694.
     4     THE SUB INSPECTOR OF POLICE
           KOODAL POLICE STATION,PATHANAMTHITTA - 689693.
     5     SUBINLAL
           LALBHAVANAM, THATTAKKUDI, KALANJOOR,PATHANAMTHITTA -
           689694.
           BY ADVS.
           R5 BY SRI.K.V.ANIL KUMAR
           R3 BY SRI.PHILIP J.VETTICKATTU
           SRI.VINEETH KURIAKOSE
           R1, R2 & R4 BY SRI. SURIN GEORGE IPE, SR. GOVERNMENT PLEADER


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 7906/2017                     :2:



              Dated this the 1st day of July, 2021.

                            JUDGMENT

This writ petition is filed by the petitioner seeking the following

reliefs:

1. To issue a writ of mandamus or any other writ, order or direction commanding the 3rd respondent to take action to stop dumping of waste to her property from the dairy farm of the 5 th respondent.

2. To issue a writ of mandamus or any other writ, order or direction commanding the 3rd respondent to take action on Ext. P2 notice within a time limit as specified by this Hon'ble Court.

2. The issue relates to the nuisance caused to the property of

the petitioner consequent to the laying of a pipeline through which

waste water is being pumped into the property of the petitioner. The

petitioner has submitted Ext. P1 complaint before the Secretary of the

Kalanjoor Grama Panchayat, 3rd respondent, who has issued Ext. P2

order dated 13.08.2016 to the 5 th respondent. The grievance of the

petitioner is that in spite of making a request to the Secretary of the

Grama Panchayat, no fruitful action was being initiated and therefore,

he sought implementation of Ext. P2 order.

3. I have heard the learned counsel for the petitioner Sri. Nidhi

Balachandran, Smt. Swapna representing Sri. K. V. Anil Kumar, learned

counsel appearing for the 5 th respondent and Sri. Philip J. Vettickattu

for the 3rd respondent, and perused the pleadings and materials on

record.

4. The sole relief sought for by the petitioner is implementation

of Ext. P2 order passed by the Secretary. In my considered opinion,

when a direction is made, the Secretary ought to have pursued

necessary action, after securing necessary objection and after

providing an opportunity of hearing to the affected persons also.

5. In that view of the matter, I think, it is only appropriate that

the writ petition is disposed of with suitable directions. Accordingly,

this writ petition is disposed of directing the Secretary of the Kalanjoor

Grama Panchayat, Pathanamthitta District to pursue further action

pertaining to Ext. P2 order bearing No. M8-3906/2015 dated

13.08.2015 after providing an opportunity of hearing and participation

to the petitioner as well as the 5 th respondent and attain finality at the

earliest and at any rate within two months from the date of receipt of a

copy of this judgment. Parties will be guided by the orders so passed

by the Secretary of the Grama Panchayat.

sd/-

SHAJI P. CHALY, JUDGE.

Rv

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT-P1: A TRUE COPY OF THE REPRESENTATION DATED 29/6/15 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT-P2: TRUE COPY OF THE NOTICE DATED 13/8/16 ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT. EXHIBIT-P3: A TRUE COPY OF THE COMPLAINT DATED 29/12/16 SUBMITTED BY THE PETITIONER'S HUSBAND BEFORE THE 4TH RESPONDENT.

RESPONDENTS' EXHIBITS: NIL

/True Copy/

PS To Judge.

rv