Kerala High Court
Shobha S vs The Sub Divisional Magistrate on 23 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 5626 OF 2022
PETITIONERS:
1 SHOBHA S
AGED 52 YEARS
W/O. MOHANAKUMAR S, KRISHANJALI, TC NO 26/485, SERA
66,VANROSS JUNCTION, VANCHIYOOR VILLAGE,
THIRUVANANTHAPURAM PIN CODE 695 001
2 MOHANAKUMAR S
AGED 57 YEARS
S/O. SIVASANKARA PILLAI, KRISHANJALI, TC NO 26/485,
SERA 66 VANROSS JUNCTION, VANCHIYOOR VILLAGE,
THIRUVANANTHAPURAM PIN CODE 695 001
BY ADVS.
S.V.RAJAN
SANIL JOSE
R.SANTHOSH (VARKALA)
A.N.PREMLAL
S.HEMANTH SANTHOSH
V.K.GAYATHRI DEVI
SREENA B.S.
RESPONDENTS:
1 THE SUB DIVISIONAL MAGISTRATE
THIRUVANANTHAPURAM, COLLECTORATE BUILDINGS,
KUDAPPANAKUNNU, THIRUVANANTHAPURAM DISTRICT PIN CODE
695 03
2 SREEKUMAR
TC NO 26/486(1) SERA 65 VANROSS JUNCTION, VANCHIYOOR
VILLAGE, THIRUVANANTHAPURAM, PIN CODE 695 001
3 SOUMYA I.V
W/O. SURESH, PADMAVILASOM BUNGLAW, TC NO 26/452
W.P. (C ) No. 5626 of 2022
2
VANROSS JUNCTION, VANCHIYOOR VILLAGE,
THIRUVANANTHAPURAM, PIN CODE 695 001
NOW RESIDING AT THIRUVONAM, VEMBAYAM, KONCHIRA P.O,
THIRUVANANTHAPURAM PIN CODE 695 615
4 THE ASSISTANT EXECUTIVE ENGINEER
KERALA WATER AUTHORITY, KURIYATHI, KILLIPPALAM,
THIRUVANANTHAPURAM, PIN CODE 695 002
5 THE SECRETARY
THIRUVANANTHAPURAM MUNICIPAL CORPORATION, VIKAS BHAVA
N P.O, THIRUVANANTHAPURAM PIN CODE 695 033
6 THE HEALTH INSPECTOR
THAMPANOOR WARD, THIRUVANANTHAPURAM, MUNICIPAL
CORPORATION, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM PIN
CODE 695 033
BY ADVS.
N.NANDAKUMARA MENON (SR.)
BIJILY JOSEPH
SHRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION
SC FOR KWA P.M.JOHNY; GP P.S.APPU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P. (C ) No. 5626 of 2022
3
V.G.ARUN, J.
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W.P. (C ) No. 5626 of 2022
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Dated this the 23rd day of June, 2022
JUDGMENT
The petitioners are inhabitants of T.C.No.26/485 in Thampanoor
Ward of the Thiruvananthapuram Municipal Corporation. They are
aggrieved by the leakage of the sewerage line installed in the
property of respondents 2 and 3. According to the petitioners, as a
result of the leakage, filthy stinking drainage waste water with human
excreta is flowing into their property causing nuisance and posing
serious health hazards. The petitioners have submitted complaints
before the various authorities and have also approached the Executive
Magistrate seeking action under Section 133 of the Code of Civil
Procedure. The prayer herein is for a direction to the Executive
Magistrate to consider Ext.P1 application and pass orders thereon.
2. Learned Standing Counsel for the Corporation submitted
that, notice has been issued to respondents 2 and 3 to abate the
nuisance but no action has so far been taken. Learned Standing
W.P. (C ) No. 5626 of 2022
Counsel for the Kerala Water Authority pointed out that the dispute is
private in nature and a new suit is pending between the parties.
3. Considering the limited relief being granted hereunder,
notice to respondents 2 and 3 is dispensed with.
4. The writ petition is disposed of directing the 1st respondent
to take a decision on Ext.P1 representation and after issuing notice to
the petitioner and respondents 2 and 3. While taking the decision,
the 1st respondent to consider the impact of the pending civil suit also.
The decision, as directed above, shall be taken within a period of three
months of receipt of a copy of this judgment.
Sd/-V.G.ARUN
JUDGE
lsn
W.P. (C ) No. 5626 of 2022
APPENDIX OF WP(C) 5626/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PETITION UNDER REF.
NO.RDO/TVM/331/2022-C DATED 01.01.2022
FILED BY THE PETITIONERS UNDER SECTION 133
OF THE CR.PC BEFORE THE RESPONDENT NO.1.
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
