Mini Pradeep vs Secretary, Muhamma Grama ...
2022 Latest Caselaw 11680 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY,THE 20TH DAY OF DECEMBER 2022/29TH AGRAHAYANA, 1944
                    WP(C) NO. 20015 OF 2022
PETITIONERS:

    1       MINI PRADEEP,
            AGED 48 YEARS
            W/O. PRADEEP, SUKHLAL MANDIRAM,
            MUHAMMA P. O., ALAPPUZHA - 688 525.
    2       SUSEELA SUKHLAL,
            AGED 55 YEARS
            W/O. SUKHLAL, SUMESH BHAVAN,
            MUHAMMA P. O., ALAPPUZHA - 688 525.

            BY ADVS.
            R.KRISHNAKUMAR (CHERTHALA)
            A.ANISH MADHAV


RESPONDENTS:

    1       SECRETARY,
            MUHAMMA GRAMA PANCHAYATH,
            XPANCHAYATH OFFICE,
            MUHAMMA, ALAPPUZHA - 688 525.
    2       KERALA STATE POLLUTION CONTROL BOARD,
            REPRESENTED BY ITS ENVIRONMENTAL ENGINEER,
            AMC/X/501, THATHAMPALLY,
            ALAPPUZHA - 688 013.
    3       MANOJ P.,
            PUTHENVELI, CHAERAMANGALAM,
            MUHAMMA P. O., ALAPPUZHA - 688 525.

            R1 - SRI. J.OM PRAKASH, SC
            R2 - SRI. T. NAVEEN, SC, PCB
            M. R. SASI
            N.P.SILPA
            SREEKUMAR K.V.
            DHARMYA M.S
            KAVYA KRISHNAN
            S.SAJIT SANAL
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   20.12.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C).No.20015 OF 2022

                                2

                            JUDGMENT

The 3rd respondent had preferred Ext.P1 complaint

before the 1st respondent Secretary of the Grama

Panchayat alleging that the petitioners are filling up the

pathway leading to their residence by using plastic and

other wastes.

2. Thereafter, the 3rd respondent approached the

Ombudsman for Local Self Government Institutions (for

short, 'Ombudsman') by filing Ext.P3 complaint for

direction to the Secretary of the Panchayat to take steps

for removal of wastes. Pursuant to Ext.P3, the

Ombudsman passed Ext.P4 order directing to remove the

plastic wastes within six weeks. Consequently, the

Secretary issued Ext.P5 directing the petitioners to

remove the plastic wastes before 20.06.2022. Exts.P4

and P5 are challenged in this writ petition.

3. It is contended by the petitioners that the

Ombudsman has no jurisdiction to entertain Ext.P3

complaint and to issue orders in the nature of Ext.P4. WP(C).No.20015 OF 2022

4. Without going into the question as to whether

the Ombudsman has jurisdiction to pass orders in the

nature of Ext.P4, this writ petition is disposed of with a

direction to the 1st respondent, the Secretary of the

Panchayat to take appropriate action on Ext.P1 complaint

within a period of one month from the date of receipt of

a copy of this judgment with notice to the petitioners and

the 3rd respondent. Till orders are passed on Ext.P1,

there shall not be any coercive steps against the

petitioners.

The writ petition is disposed of with the above

directions.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.20015 OF 2022

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 A TRUE COPY OF THE COMPLAINT FILED BY THE 3RD RESPONDENT AND TWO OTHERS BEFORE THE 1ST RESPONDENT DATED 27.10.2021.

EXHIBIT P2 A TRUE COPY OF THE APPLICATION DATED 27.01.2022 HARIDASAN BEFORE THE 1ST RESPONDENT UNDER THE RTI ACT AND INFORMATION GIVEN BY THE 1ST RESPONDENT TO HARIDASAN DATED 22.02.2022.

EXHIBIT P3 A TRUE COPY OF THE COMPLAINT FILED BY THE 3RD RESPONDENT AND OTHERS BEFORE THE HON'BLE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANNTHAPURAM DATED 13.03.2022. EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 13.05.2022 IN COMPLAINT NO.268/2022 OF THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

EXHIBIT P5 A TRUE COPY OF THE NOTICE DATED B2 107/2022 DATED 06.06.2022 ISSUED BY THE 1ST RESPONDENT TO THE 2ND PETITIONER.

RESPONDENTS EXHIBITS:-

EXHIBIT R3(a) TRUE COPY OF THE PHOTOGRAPHS SHOWING THE USAGE OF PLASTIC FOR FILLING THE WATER BODY TO CONSTRUCT A PATHWAY. EXHIBIT R3(b) TRUE COPY OF THE VIDEO GRAPH SHOWING THE USAGE OF PLASTIC FOR FILLING THE WATER BODY TO CONSTRUCT A PATHWAY. EXHIBIT R3(c) TRUE COPY OF ACKNOWLEDGEMENT NO. 3313 DATED 28/10/2021 OF THE COMPLAINT DATED 28/10/2021.

EXHIBIT R3(d) TRUE COPY OF LETTER NO.PCB/ALP/TG-

400/19 DATED 01/12/2021 FROM THE WP(C).No.20015 OF 2022

ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, DISTRICT OFFICE, ALAPPUZHA TO THE SECRETARY, MUHAMMA GRAMA PANCHAYAT.

EXHIBIT R3(e) TRUE COPY OF THE APPLICATION DATED 27/01/2022 UNDER THE RTI ACT.

EXHIBIT R3(f) TRUE COPY OF REPLY NO. B1-559/21 DATED 22/02/2022 UNDER THE RTI ACT ISSUED BY STATE PUBLIC INFORMATION OFFICER AND HEAD CLERK, MUHAMMA GRAMA PANCHAYATH.