Sindhu M vs Indira
2022 Latest Caselaw 9231 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                      WP(C) NO. 23640 OF 2022


PETITIONER:

            SINDHU M
            AGED 53 YEARS
            CHAMAKKALA VEEDU, PANAYAM CHERRY, ANCHAL P.O.,
            KOLLAM-691 306
            BY ADVS.
            G.BHAGAVAT SINGH
            KELU BHAGAVAT
            SHYJU S.

RESPONDENTS:

    1       INDIRA
            W/O. GOPALAKRISHNA PILLAI,
            CHERUVALLIL VEEDU (JAYA VILASAM), PANAYAMCHERY,
            ANCHAL P.O., KOLLAM-691306.
    2       ANCHAL GRAMA PANCHAYATH,
            REPRESENTED BY ITS SECRETARY,
            ANCHAL P.O, KOLLAM-691306
    3       THE MEDICAL OFFICER,
            COMMUNITY HEALTH CENTRE ANCHAL, ANCHAL P.O.,
            KOLLAM-691306.
    4       THE DISTRICT MEDICAL OFFICER (HEALTH),
            KOLLAM-691306.
    5       THE STATION HOUSE OFFICER,
            ANCHAL POLICE STATION, ANCHAL P.O.,
            KOLLAM-691306.
            BY ADV SHRI.C.J.JOY, SC,ANCHAL GRAMA PANCHAYAT
            ADV.DEEPA NARAYANAN, SR.GP


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   10.08.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.23640/2022

                                             2



                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.23640 of 2022
              ----------------------------------------------
            Dated this the 10th day of August, 2022


                                   JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus directing the 2nd respondent to execute Ext.P12 order in letter and spirit immediately and realize the entire cost from the 1st respondent and her movable and immovable properties.

ii. Direct the 5th respondent to ensure that there is no untoward incident to be happened at the time of implementation of Ext.P12 and ensure that the 2nd respondent complete the execution of the same without any hurdles.

iii. Issue an appropriate writ or order or direction to the respondents, which this Hon'ble Court may deem fit and proper to the facts and circumstances of the case.

(SIC)

2. The petitioner is owner of the property covered by

Ext.P-1. In the year 2016 the petitioner constructed a new

house and started residing there permanently. It is the case of

the petitioner that the water in the well is contaminated and W.P.(C).No.23640/2022

therefore the petitioner tested the same before the Quality

Control District Laboratory of Kerala Water Authority at

Kollam and in the report, it is found that the water contain

coliform and e.coli bacteria. Thereafter she filed Exts.P3 and

P4 before respondents 3 and 4. On that basis, the Panchayat

issued directions to the 3rd respondent to enquire and resolve

the issue. Ext.P9 to P12 are the proceedings issued by the

Panchayat. The grievance of the petitioner is that the

Panchayat is not taking consequential steps. Hence this writ

petition.

3. Heard the learned counsel for the petitioner and

the learned counsel for the Panchayat. I also heard the

learned Government Pleader for the 5 th respondent. Even

though notice was issued to the 1st respondent, there is no

appearance.

4. It is an admitted fact that the Panchayat already

issued notices to the 1st respondent and the last one is

Ext.P12. The learned counsel for the Panchayat submitted

that the Panchayat authorities inspected the properties after

Ext.P12 and there is some technical difficulties to remove the W.P.(C).No.23640/2022

slab and pit because of an existing wall and a building.

Ext.R2(a) is the mahazar. After that, a notice bearing

No.A8/8323/21 dated 08.08.2022 is issued to the 1 st

respondent. The learned counsel for the Panchayat submitted

that appropriate steps will be taken in accordance to law. In

the light of the same, this writ petition can be disposed of

directing the Panchayat to take consequential steps based on

Ext.P12, as expeditiously as possible.

Therefore, this writ petition is disposed of in the

following manner:

1. Respondents 2 to 4 are directed to do the

needful to see that consequential steps based

on Ext.P12 are taken as expeditiously as

possible.

2. If there is any obstruction from the 1st

respondent, the 5th respondent will provide

adequate police protection to respondents 2 to

4 to implement Ext.P12 and other notices.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.23640/2022

APPENDIX OF WP(C) 23640/2022 PETITIONER EXHIBITS Exhibit P1 COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER ANCHAL DATED 06/05/2022 Exhibit P2 COPY OF THE REPORT ON ANALYSIS OF WATER DATED 16/10/2021. ISSUED BY QUALITY CONTROL DISTRICT LABORATORY OF KWA AT KOLLAM.

Exhibit P3 COPY OF THE COMPLAINT DATED 22/11/2021 FILE BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P4 COPY OF THE COMPLAINT DATED 22/11/2021 FILE BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P5 COPY OF THE REPORT SUBMITTED BY THE HEALTH INSPECTOR BEFORE THE 3RD RESPONDENT DATED 25/11/2021.

Exhibit P6 COPY OF THE LETTER DATED 22/01/2022 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

Exhibit P7 COPY OF THE LETTER DATED 09/03/2022 ISSUED BY THE ENVIRONMENTAL ENGINEER TO THE 2ND RESPONDENT ALONG WITH THE REPORT SUBMITTED BY THE OVERSEER.

Exhibit P8 COPY OF THE LETTER DATED 09/03/2022 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P9 COPY OF THE LETTER DATED 30/04/2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

Exhibit P10 COPY OF THE LETTER DATED 11/05/2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P11 COPY OF THE LETTER DATED 06/05/2022 ISSUED BY THE 2ND RESPONDENT TO THE ASST. DIRECTOR OF PANCHAYATH KOLLAM. Exhibit P12 COPY OF THE LETTER DATED 12/07/2022 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.