Kerala High Court
Kamalam vs Sub Divisional Magistrate on 21 May, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 21ST DAY OF MAY 2021 / 31ST VAISAKHA, 1943
WP(C) NO. 11343 OF 2021
PETITIONER:
KAMALAM, AGED 78,
W/O.HENRY, NEAR LITTLE FLOWER GIRLS HIGH SCHOOL,
BELOW NULLATHANNI ROAD, NULLATHANNI, MUNNAR P.O,
KDH VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT.
BY ADVS SRI.R.T.PRADEEP (P-275)-19301
SRI.BINUDAS.M
SRI.K.C.HARISH
RESPONDENTS:
SUB DIVISIONAL MAGISTRATE,
1. DEVIKULAM CIRCULAR ROAD, DEVIKULAM TALUK, DEVIKULAM P.O,
KANNAN DEVAN HILLS, IDUKKI, PIN-685 613.
SECRETARY,
2. MUNNAR GRAMA PANCHAYAT, MUNNAR P.O,
IDUKKI DISTRICT, PIN-685 612.
KANNAN DEVAN HILLS PLANTATION COMPANY PVT. LTD.,
REPRESENTED BY ITS MANAGING DIRECTOR,
3.
REGISTERED OFFICE: KDHP HOUSE, MUNNAR P.O,
IDUKKI DISTRICT, PIN-685 612.
PONNUDURAI,
RESIDING AT 5 MURI LANE,
NEAR LITTLE FLOWER GIRLS HIGH SCHOOL,
4.
BELOW NULLATHANNI ROAD, NULLATHANNI, MUNNAR P.O,
KDH VILLAGE, DEVIKULAM TALUK,
IDUKKI DISTRICT, PIN-685 612.
VIMALA,
W/O.PONNUDURAI, RESIDING AT 5 MURI LANE,
NEAR LITTLE FLOWER GIRLS HIGH SCHOOL,
5.
BELOW NULLATHANNI ROAD, NULLATHANNI, MUNNAR P.O,
KDH VILLAGE, DEVIKULAM TALUK,
IDUKKI DISTRICT, PIN-685 612.
WP(C).No.11343 OF 2021(P)
2
SUJA,
D/O.PONNUDURAI, RESIDING AT 5 MURI LANE,
NEAR LITTLE FLOWER GIRLS HIGH SCHOOL,
6.
BELOW NULLATHANNI ROAD, NULLATHANNI,. MUNNAR P.O,
KDH VILLAGE, DEVIKULAM TALUK,
IDUKKI DISTRICT, PIN-685 612.
AZHAKU,
W/O.PALANISWAMY, RESIDING AT 5 MURI LANE,
7. NEAR LITTLE FLOWER GIRLS HIGH SCHOOL,
BELOW NULLATHANNI ROAD, NULLATHANNI, MUNNAR P.O,
KDH VILLAGE, DEVIKULAM TALUK,
IDUKKI DISTRICT, PIN-685 612.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.05.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.11343 OF 2021(P)
3
JUDGMENT
The petitioner, who is aged 78 years
along with her husband aged 85 years, is
staying in Munnar village along with their
grand daughter. It is stated that on account
of the un-authorised constructions of new
drain through the property of petitioner,
carried out by respondents 4 to 7 when the
petitioner and her family was not in station,
the life of petitioner and others has become
miserable because of the nuisance created by
accumulation of waste water, human excreta,
filth, etc, giving rise to further health
issues.
2. It is stated that, pointing out the
same, the petitioner has approached the 1st
respondent with Ext.P3 complaint on
12.04.2021. The petitioner has also approached
WP(C).No.11343 OF 2021(P)
the 2nd respondent with Ext.P4 representation
requesting to take steps as against the un-
authorised constructions carried out by the
respondents 4 to 7.
3. Heard the learned counsel appearing for
the respondents 2 and 3, also.
4. As the petitioner has already
approached the statutory authorities, there
shall be a direction to the 1st respondent to
consider and pass orders on Exts.P3 complaint,
after affording an opportunity of hearing to
the petitioner as well as the respondents 4 to
7 and also the 3rd respondent, as expeditiously
as possible within a period of six weeks. There
shall be a further direction to the 2nd
respondent to consider and pass orders on
Ext.P4 representation, after affording an
opportunity of hearing to petitioner and
respondents 4 to 7 as well as the 3rd
WP(C).No.11343 OF 2021(P)
respondent, within a period of two months from
the date of receipt of a copy of the judgment.
The writ petition is accordingly
disposed of. Sd/-
P.V.ASHA, JUDGE.
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WP(C).No.11343 OF 2021(P)
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REPORT OF VILLAGE OFFICER,
KDH DATED 09.09.2009.
EXHIBIT P2 TRUE COPY OF THE PRELIMINARY ORDER DATED
19.11.2009 BY 1ST RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE PETITION DATED 12.04.2021
BEFORE THE 1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE PETITION DATED 22.04.2021
BEFORE THE 2ND RESPONDENT.
