Alikunju vs The Payipra Grama Panchayat
2022 Latest Caselaw 7993 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                      WP(C) NO. 31489 OF 2012
PETITIONER:

            ALIKUNJU
            AGED 56 YEARS
            S/O.KUNJUJU, THEKKEKKARA HOUSE,
            PEZHAKKAPPILLY, MUVATTUPUZHA.
            BY ADVS.
            SRI.T.A.UNNIKRISHNAN
            SRI.K.S.PRAVEEN

RESPONDENTS:

    1       THE PAYIPRA GRAMA PANCHAYAT
            REPRESENTED BY ITS SECRETARY, PAYIPRA,
            MUVATTUPUZHA, PIN 686661.
    2       THE REVENUE DIVISIONAL OFFICER
            MUVATTUPUZHA, PIN 686661.
    3       THE EXECUTIVE ENGINEER
            PUBLIC WORK DEPARTMENT (ROADS DIVISION)
            MUVATTUPUZHA, PIN 686661.
    4       THE SUB INSPECTOR OF POLICE
            MUVATTUPUZHA, PIN 686661.
            BY ADVS.SMT.R.PRIYA
            SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER
            SRI.M.B.SANDEEP
            SRI.V.VISAL AJAYAN


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   29.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.31489/2012

                                  2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.31489 of 2012
             ----------------------------------------------
            Dated this the 29th day of June, 2022


                           JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or such other writ, order or direction, directing the 1 st respondent to open the covering slabs of drainage on either sides of MC road which run through the limits of the 1 st respondent, conduct inspection for detecting discharge of sewages from the premises of private parties, take prompt actions to stop the same and also take actions against the responsible persons provided under law.

ii. Issue a writ of mandamus or such other writ, order or direction, directing the respondents 2 to 4 to give necessary help and assistance to the 1st respondent for abating nuisance due to W.P.(C).No.31489/2012

discharge of effluents to the drainages on the sides of MC road at Pezhakkappilly. iii. Grant such other writ, order or direction as this Honourable Court may deem fit and proper in the facts and circumstances of the case.

(SIC)

2. The petitioner is a resident of Pezhakkappilly Kara

which comes with in the jurisdiction of the 1 st respondent. He

is filing this writ petition highly aggrieved by the inaction on

the part of the respondents in not taking actions for stopping

discharge of sewage directly to the rain water drainage

constructed in his village on the sides of MC road. According

to the petitioner, the business establishments including lodges

and hotels are discharging filthy water and sewages directly to

the drainage. The drainage connected to a natural stream by

name 'Nirappil Thodu' is highly polluted. Inspite of specific

direction from the Ombudsman for Local Self Government

Institutions, the authorities are not taking any action. Hence

this writ petition.

3. Heard the learned counsel for the petitioner and

the learned counsel for the 1 st respondent. I also heard the W.P.(C).No.31489/2012

learned Government Pleader.

4. This writ petition is pending before this Court from

2012 onwards. The learned counsel for the petitioner

submitted that even now the nuisance is continuing. If that is

the case, the petitioner can file a fresh representation

narrating his grievance raised in this writ petition before the

1st respondent Panchayat so that the 1st respondent Panchayat

can take appropriate action in accordance to law within a time

frame.

Therefore, this writ petition is disposed of in the

following manner:

1. The petitioner is free to file a representation

narrating his grievance raised in this writ

petition before the 1st respondent, within three

weeks from the date of receipt of a copy of this

judgment.

2. Once such a representation is received, the 1 st

respondent will consider the same and take

appropriate action in accordance to law, after

giving notice to the affected parties including

the petitioner, as expeditiously as possible, at W.P.(C).No.31489/2012

any rate, within three months from the date of

receipt of the representation.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.31489/2012

APPENDIX OF WP(C) 31489/2012

PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE COMPLAINT DATED 23.03.2012 SUBMITTED TO THE ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM EXHIBIT P2 COPY OF THE REPORT DATED 19.03.2012 SUBMITTED BY TEH HEALTH INSPECTOR, PAIPRA TO THE 1ST RESPONDENT EXHIBIT P3 COPY OF THE ORDER DATED 26.09.2012 IN OP NO.402/2012 OF THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM