Kerala High Court
Udayamma P.V vs Sauparnika Apartment Owners ... on 24 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
WP(C) NO. 10946 OF 2021
PETITIONERS:
1 UDAYAMMA P.V,
AGED 69 YEARS
W/O. K.K.CHANDRAN, MOONNUPARAYIL HOUSE, PERUNNA EAST
VILLAGE, CHANGANACHERRY, KOTTAYAM DISTRICT, PIN-686
102.
2 K.K.CHANDRAN
AGED 73 YEARS
MOONNUPARAYIL HOUSE, PERUNNA EAST VILLAGE,
CHANGANACHERRY, KOTTAYAM DISTRICT, PIN-686 102
BY ADVS.
M.P.MADHAVANKUTTY
KUM. K. REMIYA RAMACHANDRAN
RESPONDENTS:
1 SAUPARNIKA APARTMENT OWNERS ASSOCIATION,
PERUNNA EAST VILLAGE, PERUNNA EAST P.O.,
CHANGANACHERRY, KOTTAYAM DISTRICT, PIN-686 102,
REPRESENTED BY ITS SECRETARY.
2 DISTRICT MEDICAL OFFICER
KOTTAYAM, PIN-686 001.
3 DISTRICT COLLECTOR
KOTTAYAM, PIN-686 002.
4 ASSISTANT ENGINEER
P.W.D (ROADS), P.W.D OFFICE, CHANGANACHERRY, KOTTAYAM
DISTRICT, PIN-686 101.
5 EXECUTIVE ENGINEER
P.W.D (ROADS), P.W.D. OFFICE, KOTTAYAM, PIN-686 001.
SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.10946/2021
2
P.V.KUNHIKRISHNAN, J
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W.P.(C)No.10946 of 2021
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Dated this the 24th day of September 2021
JUDGMENT
The above writ petition is filed with
following prayers:
"i) To issue a writ of mandamus
directing the respondents 2 to 5 to take
appropriate action to prevent the out flowing
of waste water through the culvert situated on
the eastern side of the 1st respondent's
apartment;
ii) To issue a writ of mandamus
directing the respondents 2 to 5 to consider
and pass appropriate orders on Exhibit P2
representation within a time frame;
iii) To issue other writ, order or
direction which this Hon'ble Court may deem
fit and proper in the facts and circumstances
of this case."
2. The petitioners are senior citizens and
they are aggrieved by the alleged illegal acts
of out flowing of waste water by the 1 st
respondent through the culverts situated in the
Changanacherry bye-pass. It is the case of the
WP(C) NO.10946/2021
petitioner that, due to the flow of the above
waste water, the petitioners life is put to
difficulty. The petitioners submitted Ext.P2
representation before the respondents.
3. Today, when the matter came up for
consideration, the learned counsel for the
petitioners submitted that the petitioners will
be satisfied if a direction is issued to the 2 nd
respondent to consider Ext.P2 representation.
The learned counsel submitted that, even though
notice is not served to the 1 st respondent, this
Court can direct the 2nd respondent to issue
notice to the 1st respondent before passing final
orders in Ext.P2. I also heard the learned
Government Pleader.
4. After hearing both sides, I think this
writ petition can be disposed directing the 2nd
respondent to consider Ext.P2 and take
appropriate steps in accordance to law after
giving notice to the 1st respondent also.
Therefore, this writ petition is disposed in
WP(C) NO.10946/2021
the following manner:
i) The 2nd respondent will consider
Ext.P2 and take appropriate steps in accordance
to law after giving notice to the petitioners
and the 1st respondent, as expeditiously as
possible, at any rate, within six weeks from the
date of receipt of a copy of this judgment.
ii) Petitioners will produce a copy of
this judgment along with a copy of this writ
petition before the 2nd respondent for
compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
WP(C) NO.10946/2021
APPENDIX OF WP(C) 10946/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TITLE DEED EXECUTED
IN FAOUR OF THE PETITIONER DATED
15.5.1978.
EXHIBIT P2 TRUE COPY OF THE REPRESETNATION
SUBMITTED BEFORE THE RESPONDENTS 2 TO
5 DATED 12.4.2021.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
