Elikutty Chacko @ Eli Chacko vs Thanneermukkom Grama Panchayath
2021 Latest Caselaw 18088 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                    WP(C) NO. 17170 OF 2021
PETITIONER :-

          ELIKUTTY CHACKO @ ELI CHACKO, AGED 81 YEARS
          W/O.LATE T.J.CHACKO, MANKUZHIKARI LEENA NIVAS,
          THANNERMUKKOM P.O., CHERTHALA, ALAPPUZHA-688 527.

          BY ADV K.RAMANADHAN


RESPONDENTS :-

    1     THANNEERMUKKOM GRAMA PANCHAYATH
          THANNEERMUKKOM P.O., CHERTHALA, ALAPPUZHA - 688 527
          REPRESENTED BY ITS SECRETARY

    2     THE SECRETARY
          THANNEERMUKKOM GRAMA PANCHAYATH, THANNEERMUKKOM P.O.,
          CHERTHALA, ALAPPUZHA- 688 527.

    3     JOY M.O., AGED 61 YEARS
          S/O.OUSEPH, MANGALATH KARIYIL HOUSE (JINU BHAVAN),
          THANNEERMUKKOM P.O., CHERTHALA, ALAPPUZHA- 688 527.

          BY SRI.DARSAN SOMANATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17170 OF 2021

                                -: 2 :-


                            JUDGMENT

Dated this the 3rd day of September, 2021

This writ petition is filed complaining of pollution and dumping

of waste including hotel waste into a thodu near the petitioner's

property by the 3rd respondent. The contention of the petitioner is

that in spite of complaints being submitted by the petitioner, no steps

are being taken by the Panchayat in accordance with law.

2. The learned Standing Counsel appearing for the Panchayat

submits that notices had been issued to the 3 rd respondent on

23.7.2021 on the basis of the complaints of the petitioner requiring

him to stop polluting the thodu and directing that the hotel waste is

to be properly dealt with without discharging the same into the

thodu. It is submitted by the learned counsel for the Panchayat that

some steps had been taken by the 3 rd respondent to abate the

nuisance and the pollution caused by him and that the hotel waste is

not being discharged into the thodu at present. It is submitted that a

further inspection is being conducted tomorrow and that appropriate

steps are being taken by the Panchayat to see that the nuisance

complained of is abated.

WP(C) NO. 17170 OF 2021

3. The learned counsel for the petitioner would also submit

that pursuant to the action taken by the Panchayat, steps have now

been taken by the 3rd respondent to construct a concrete tank for

disposing of the hotel waste and that it appears that the Panchayat is

also taking appropriate steps in the matter, at present. It is

submitted that the nuisance stands abated for the time being.

In the above view of the matter, I am of the opinion that it

is for respondents 1 and 2 to take appropriate steps to see that the

nuisance complained of by the petitioner is not repeated and that

appropriate steps are taken for due discharge of the pollutants and

the waste water by the 3rd respondent in accordance with law.

This writ petition is closed with the above observation.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/9.9.2021 WP(C) NO. 17170 OF 2021

APPENDIX OF WP(C) 17170/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE PARTITION DEED NO.2651/2004 OF PUTHANNAMBALAM SUB REGISTRY.

Exhibit P2 THE TRUE COPY OF THE LAND TEX RECEIPT DATED 17.8.2021.

Exhibit P3 THE COPY OF THE PHOTO OF THE REPRESENTATION FILED BY THE PETITIONER DATED 5.7.2021.

Exhibit P4 THE TYPED EXTRACT OF THE REPRESENTATION FILED BY THE PETITIONER DATED 5.7.2021.

Exhibit P5 THE TRUE COPY OF THE RECEIPT DATED 5.7.2021 ISSUED FROM THE THANNEERMUKKOM GRAMA PANCHAYATH REGARDING RECEIPT OF EXHIBIT P4.

Exhibit P6 THE PHOTOGRAPH SHOWING THE SAID PIPES INSTALLED BY THE 3RD RESPONDENT AND THE POLLUTED WATER CHANNEL.