Jayasree vs Ambalapuzha Thekku Grama ...
2022 Latest Caselaw 7763 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                       WP(C) NO. 29659 OF 2021
PETITIONER/S:

               JAYASREE, AGED 55 YEARS
               W/O.MURALEEDHARAN, MURALIKA, PLAKUDI LANE,
               KOMANA, AMBALAPUZHA P.O., ALAPUZHA DISTRICT, PIN
               - 688 561.
               BY ADVS.
               S.K.BALACHANDRAN
               N.D.DEEPA


RESPONDENT/S:

    1          AMBALAPUZHA THEKKU GRAMA PANCHAYATH
               AMBALAPUZHA P.O., AMBALAPUZHA - 688 561,
               REPRESENTED BY ITS SECRETARY.
    2          THE SECRETARY
               AMBALAPUZHA THEKKU GRAMA PANCHAYATH,
               AMBALAPPUZHA P.O., AMBALAPUZHA - 688 561.
    3          SREEKUMARIAMMA
               GOPIKA, PLAKKUDI LANE, KOMANA, AMABALAPUZHA
               P.O., AMBALPUZHA - 688 561.
               BY ADVS.
               BRIJESH MOHAN
               R.RAJPRADEEP
               SREEDEVI S.


        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   28.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 29659 of 2021



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No. 29659 of 2021
                       =============================================================

                    Dated this the 28th day of June, 2022

                                          JUDGMENT

The above writ petition is filed with following prayers:

"a) To issue a writ of mandamus or other appropriate writ or order directing the 2nd respondent to implement Exhibit P5 order in its true spirit forthwith, within a time frame fixed by this Hon'ble Court.

b) To pass such other orders as are just and necessary in the interest of justice that this Hon'ble Court may deem fit and proper considering the facts and circumstances of the case." (sic)

2. The petitioner and the 3rd respondent are neighbours.

It is the case of the petitioner that during 2005 a bathroom cum

latrine was constructed on the southern side of the 3 rd

respondent's house facing the kitchen portion of the petitioner's

residence. The latrine was constructed in violation of the

Kerala Panchayat Building Rules causing nuisance and health

hazards to the petitioner's family. The petitioner initiated steps

W.P.(C). No. 29659 of 2021

to abate the nuisance before the Sub Divisional Magistrate,

Alappuzha and before respondents 1 and 2. Even though

several directions were made to the 3rd respondent and her

husband to remove the illegal constructions the nuisance remain

unabated, is the contention of the petitioner. Thereafter, the 2 nd

respondent issued Ext.P5 order under Rule 90(1) of the Kerala

Panchayat Building Rules, against the 3rd respondent to remove

the illegal construction. But the 3rd respondent is not complying

the said order. Hence, this writ petition is filed.

3. Heard the counsel for the petitioner and the counsel

appearing for respondents 1 and 2. There is no appearance for

the 3rd respondent.

4. The counsel for the petitioner reiterated his

contentions in the writ petition. The counsel appearing for

respondents 1 and 2 submitted that some remedial measures are

already taken by the 3rd respondent. But the counsel for the

W.P.(C). No. 29659 of 2021

petitioner submitted that the 3rd respondent is violating the order

continuously and removing the remedial measures already

taken. It is the duty of the respondents 1 and 2 to take

appropriate action, in accordance to law. Anyway there is

Ext.P5 order. Therefore, the respondents 1 and 2 to take follow

up action based on Ext.P5, in accordance to law.

Therefore, this writ petition is disposed of in the following

manner:

1. Respondents 1 and 2 are directed to take follow up action, based on Ext.P5, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment.

2. Before taking further steps and passing final orders, an opportunity of hearing should be given to the petitioner and the 3rd respondent.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 29659 of 2021

APPENDIX OF WP(C) 29659/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SPOT INSPECTION REPORT DT. 24/8/2005 AND FORWARDED BY THE HEALTH OFFICER ON 27/8/2005.

Exhibit P2        TRUE COPY OF THE ORDER DT.
                  256/10/2019.
Exhibit P3        TRUE COPY OF THE ORDER DT. 17/2/2020.
Exhibit P4        TRUE COPY OF THE SAID ORDER NO.F
                  6209/19 DT. 17/3/2020.
Exhibit P5        TRUE COPY OF THE SAID NOTICE DT.
                  12/10/2021.
Exhibit P6        TRUE COPY OF THE NOTICE DT.
                  17/11/2021.