Vijayalakshmi vs Guruvayur Municipality
2021 Latest Caselaw 22459 Ker

WP(C) NO. 24525 OF 2021

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            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
  TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                      WP(C) NO. 24525 OF 2021
PETITIONERS:

     1     VIJAYALAKSHMI
           AGED 73 YEARS
           W/O.LATE SIVA SANKARAN, 'GEETHANJALI', PARUVAKKAT
           HOUSE, WEST NADA, GURUVAYUR P.O., PIN 680 101
     2     ANANDAVALLY V.
           AGED 69 YEARS
           W/O.LATE MADHAVAN KUTTY, 'MADHAVAM', PARUVAKKAT
           HOUSE, WEST NADA, GURUVAYUR P.O., PIN 680 101
     3     RAJESH V.
           AGED 51 YEARS
           S/O.LATE SIVA SANKARAN, 'SOUPARNIKA', PARUVAKKAT
           HOUSE, WEST NADA, GURUVAYUR P.O., PIN 680 101
     4     MAHIMA RAJESH V.
           AGED 43 YEARS
           W/O.RAJESH V., 'SOUPARNIKA', PARUVAKKAT HOUSE, WEST
           NADA, GURUVAYUR P.O., PIN 680 101
           BY ADVS.
           K.R.VINOD
           M.S.LETHA
           V.KRISHNA BINDU
RESPONDENTS:

     1     GURUVAYUR MUNICIPALITY
           REP.NBY ITS SECRETARY, EAST NADA,
           GURUVAYUR, PIN 680 101
     2     THE SECRETARY
           GURUVAYUR MUNICIPALITY, EAST NADA,
           GURUVAYOOR, PIN 680 101
     3     THE HEALTH OFFICER
           GURUVAYUR MUNICIPALITY, EAST NADA,
           GURUVAYOOR, PIN 680 101
 WP(C) NO. 24525 OF 2021

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     4       THE STATION HOUSE OFFICER
             GURUVAYUR TEMPLE POLICE STATION,
             GURUVAYUR, PIN 680 101
     5       SATHYAN
             AGED 55 YEARS
             "SATHYA INN', WEST NADA, GURUVAYUR, PIN 680 101
     6       SAHADEVAN
             AGED 55 YEARS
             'HOTEL KRISHNA', 15/255-1, ALIL HOUSE, BLANGAD,
             CHAVAKKAD, PIN 680 506
             APPU.P.S-GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   09.11.2021,   THE    COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 24525 OF 2021

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                              JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) To issue a writ of mandamus directing the respondents No.1 to 3 take immediate steps to prevent the illegal flowing of waste water and septic tank sediments into the properties and pathway owned by the petitioners forthwith and in the event of continuing the aforesaid illegalities by the respondents No. 5 & 6, necessary steps to be taken to cancel or suspend the D&O License issued in favour of the respondents No.5 & 6 within a time frame.

(ii) Issue a writ of mandamus directing the 4 th respondent to take necessary penal actions against the respondents No. 5 & 6 in respect to their continuing mischief of flowing of waste water and septic tank sediments into the properties and private road owned by the petitioners and further direct him to take immediate steps to stop their continuing nuisance of the respondents No. 5 & 6 as aforesaid, forthwith."

2. Heard the learned counsel for the petitioners, the learned

standing counsel for respondents 1 to 3 as well as the learned

Government Pleader. In view of the directions being issued, notice to

respondents 5 and 6 is dispensed with.

3. It is submitted by the learned counsel for the petitioners that the

petitioners are residents of the 1st respondent Municipality. It is WP(C) NO. 24525 OF 2021

submitted that respondents 5 and 6, who are conducting a hotel and

lodge near the residential property of the petitioners, are discharging

waste water and septic tank sediments into the pathway in front of the

petitioners' property. The learned counsel for the petitioners submits

that several representations have been submitted before the

respondents, but no steps are taken. The petitioners have preferred

Ext.P6 representation before the 2nd respondent and seeks a

consideration thereof and the issuance of urgent orders to abate the

nuisance.

4. Having heard the learned standing counsel appearing for the

respondents also, I am of the opinion that emergent steps are liable to

be taken on the representation preferred by the petitioners. Without

expressing any view on the merits of the matter, there will be a

direction to the 2nd respondent to take up Ext.P6 representation and to

consider and pass orders on the same, after hearing the petitioners as

well as respondents 5 and 6 and any other affected parties, through

any appropriate means, including video conferencing. In case the WP(C) NO. 24525 OF 2021

allegations made by the petitioners are found to be correct,

appropriate remedial action shall be taken by the 2nd respondent, in

accordance with law, within a period of three weeks from the date of

receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 24525 OF 2021

APPENDIX OF WP(C) 24525/2021

PETITIONERS' EXHIBITS:

Exhibit P1 THE PHOTOGRAPHS SHOWING THE FLOWING OF WASTE WATER INCLUDING THE SEPTIC TANK SEDIMENTS INTO THE PRIVATE ROAD BELONGING TO THE PETITIONERS Exhibit P2 THE NEWS ITEM SEEN REPORTED IN KERALA KAUMUDI DAILY DATED 30.10.2021 WITH RESPECT TO THE AFORESAID FLOWING OF WASTE WATER AND SEPTIC TANK SEDIMENTS Exhibit P3 THE COPY OF NEWS ITEM REPORTED IN OTHER NEWSPAPERS Exhibit P4 THE COPY OF NEWS ITEM REPORTED IN OTHER NEWSPAPERS Exhibit P5 THE COPY OF NEWS ITEM REPORTED IN OTHER NEWSPAPERS Exhibit P6 THE COPY OF THE WRITTEN COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT DATED 20.8.2021 Exhibit P7 THE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE 4TH RESPONDENT DATED 27.10.2021, RECEIVING THE COMPLAINT LODGED BY THE WIFE OF THE 3RD PETITIONER

RESPONDENTS' EXHIBITS: NIL