John P.M vs The District Collector
2021 Latest Caselaw 17863 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
  WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
                     WP(C) NO. 5841 OF 2021
PETITIONER :-

          JOHN P.M., AGED 71 YEARS
          S/O.ULLAHANAN MANI, PULLAMKUNNEL HOUSE,
          KATTAMPACK P.O., KOTAYAM DISTRICT, PIN-686 612.

          BY ADVS.
          S.JAYAKRISHNAN
          S.PARAMESWARA PRASAD


RESPONDENTS :-

    1     THE DISTRICT COLLECTOR
          KOTTAYAM, PIN-686 001.

    2     THE ENGINEER
          PUBLIC WORKS DEPARTMENT, KADUTHURUTHY, PIN-686 604.

    3     NJEEZHOOR GRAMA PANCHAYAT
          REPRESENTED BY ITS SECRETARY, NJEEZHOOR P.O.,
          KOTTAYAM DISTRICT, PIN-686 612.

    4     THE NJEEZHOOR GRAMA PANCHAYAT COMMITTEE
          REPRESENTED BY ITS PRESIDENT, NJEEZHOOR P.O.,
          KOTTAYAM DISTRICT, PIN-686 612.

          BY SRI.P.S.APPU, GP
          BY SRI.TOM JOSE PADINJAREKKARA, SC FOR R3 & R4


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5841 OF 2021

                                  -: 2 :-


                                JUDGMENT

Dated this the 1st day of September, 2021

This writ petition is filed challenging Ext.P4 order passed by the

District Collector pursuant to Ext.P3 judgment of this Court. The

petitioner is a senior citizen who owns a residential house in 1.54

Acres of property in Re-survey Nos.720/5 and 556/5 of Njeezhoor

Village in Ward No.9 of the 3 rd respondent Panchayat. It is submitted

that the 3rd respondent had installed a material collection facility in

front of the petitioner's property. The petitioner had raised

objections to the placement of the said facility in front of his property.

He had also approached this Court and by Ext.P3 judgment, the

complaint raised by the petitioner was directed to be considered by

the District Collector. The District Collector had considered the issue

and had passed Ext.P4 order dated 26.2.2021 directing the 3 rd

respondent to restore the material collection facility to the property

in front of the petitioner's house, where it was earlier situated on

finding that the shifting of the facility was causing hindrance to the

public and vehicular traffic.

2. The learned counsel for the petitioner submits that the

facility has now been reinstated to the earlier site in front of the WP(C) NO. 5841 OF 2021

petitioner's property and that it is causing serious hardship to the

petitioner and to the members of his family. It is submitted that the

material collection facility is causing health hazards to the petitioner

and his family.

3. The learned counsel appearing for respondents 3 and 4

submits that it was on the basis of Ext.P4 direction issued by the

District Collector that the material collection facility had been re-

shifted to the site in front of the petitioner's property and that in case

the petitioner submits a representation before the Panchayat pointing

out his difficulties and also pointing out alternate sites where the

collection facility can be located without creating any inconvenience

or hazards to the residents of the Panchayat, such representation can

be considered by the Panchayat without delay.

4. Having heard the learned counsel on all sides, I am of the

opinion that the writ petition can be disposed of directing

respondents 3 and 4 to consider the complaints raised by the

petitioner and his request to relocate the facility to any convenient

place without causing any hindrance to the residents of the

Panchayat.

In the above view of the matter, in case the petitioner

approaches the 3rd respondent with a representation pointing out his WP(C) NO. 5841 OF 2021

difficulties as also seeking a relocation of the material collection

facility, the same shall be considered by the 3 rd respondent in

accordance with law, at the earliest, at any rate, within three weeks

thereafter. The petitioner shall also point out alternate sites for

locating the facility, which shall be considered by the 3 rd respondent.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/1.9.2021 WP(C) NO. 5841 OF 2021

APPENDIX OF WP(C) 5841/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF PHOTOGRAPHS OF THE MATERIAL COLLECTION FACILITY (MCF).

EXHIBIT P2 TRUE COPY OF THE NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY DATED 22.2.2020.

EXHIBIT P3 TRUE COPY OF JUDGMENT DATED 26.8.2020 IN WPC NO.16940 OF 2020(N) OF THIS HONOURABLE COURT.

EXHIBIT P4 TRUE COPY OF ORDER NO.DCKTM/7177/2020-K1 DATED 26.2.2021 PASSED BY THE IST RESPONDENT.