Senso V. Scaria vs The Manjalloor Grama Panchayath
2022 Latest Caselaw 9270 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
     WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                       WP(C) NO. 24930 OF 2022
PETITIONERS:

     1     SENSO V. SCARIA
           AGED 36 YEARS
           S/O.SCARIA, VADAKKEKUDIYIL HOUSE, VADAKODE P.O.,
           VAZHAKKULAM, ERNAKULAM - 686 670.
     2     PIOUS MATHEW
           AGED 62 YEARS
           S/O.MATHEW, MAKKUCHIRA HOUSE, VADAKODE, P.O.VAZHAKKULAM,
           ERNAKULAM - 686 670.
     3     ANEESH GEORGE
           AGED 39 YEARS
           S/O.GEORGE, POTHANAMKUNNEL HOUSE, VADAKODE P.O.,
           VAZHAKKULAM, ERNAKULAM - 686 670.
     4     FRANCIS MATHEW
           AGED 65 YEARS
           S/O.MATHEW, MAKKUCHIRA HOUSE, VADAKODE P.O., VAZHAKKULAM,
           ERNAKULAM - 686 670.
           BY ADV GEORGEKUTTY MATHEW
RESPONDENTS:
     1     THE MANJALLOOR GRAMA PANCHAYATH
           MANJALLOOR P.O., MUVATTUPUZHA,
           REPRESENTED BY ITS SECRETARY, PIN - 686 670.
     2     THE SECRETARY
           MANJALLOOR GRAMA PANCHAYATH, MANJALLOOR P.O.,
           MUVATTUPUZHA, PIN - 686 670.
     3     T.L.GEORGE
           THOTTUMARICKAL HOUSE, VAZHAKKULAM P.O., MUVATTUPUZHA,
           ERNAKULAM - 686 670.
           BY ADVS.
           G.BHAGAVAT SINGH, SC, MANJALLOOR GRAMA PANCHAYAT
           PHILIP J.VETTICKATTU-R3
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.24930 OF 2022
                                  2




                          JUDGMENT

Dated this the 10th day of August, 2022

The petitioners filed Ext.P1 representation against the

alleged illegal operation of the quarry by the 3rd respondent.

According to the petitioners, the nuisance and pollution from the

quarry are so severe that the petitioners and their family are

unable to live in their residential houses. Though the petitioners

have raised their grievances in Ext.P1, the Panchayat

authorities are not considering the same. It is under such

circumstances that the petitioners are before this Court.

2. Counsel representing the 3rd respondent submitted

that the 3rd respondent has approached this Court filing W.P.(C)

No.22946 of 2022 and this Court has directed the 2nd

respondent therein to consider and pass orders on Exts.P3 and

P4 applications submitted by the 3rd respondent herein. WP(C) NO.24930 OF 2022

3. The petitioners have raised their grievances by filing

Ext.P1 complaint. The Secretary to the Panchayat is

empowered under Section 233A of the Kerala Panchayat Raj

Act, 1994 to take steps for abatement of nuisance caused by

factory, workshop, etc.

4. The counsel for the petitioners submitted that in this

case, taking into consideration the fact situation at the ground

level, the Secretary to the Panchayat is bound to consider

Ext.P1 representation under Section 233A(3) of the Kerala

Panchayat Raj Act, 1994.

5. Counsel representing the 3rd respondent, however,

submitted that the Secretary can invoke Section 233A(3), only

after following the mandates in Sections 233A(1) and 233A(2).

This Court does not propose to adjudicate the said dispute at

this stage.

In the facts and circumstances of the case, the writ petition

is disposed of directing the 2nd respondent-Secretary to WP(C) NO.24930 OF 2022

consider Ext.P1 representation submitted by the petitioners in

accordance with law, within a period of three weeks, after

granting an opportunity of hearing to the representatives of the

petitioners and the 3rd respondent.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.24930 OF 2022

APPENDIX OF WP(C) 24930/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 30/07/2022 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENT PANCHAYATH.

RESPONDENT EXHIBITS Exhibit R1(A) TRUE COPY OF THE STOP MEMO DATED 13/07/2022 ISSUED BY THE 2ND RESPONDENT Exhibit R1(B) TRUE COPY OF THE JUDGMENT DATED 27/07/2022 IN W.P() 22946/2022