K. Sekhar vs The District Collector
2024 Latest Caselaw 4788 Ker

Kerala High Court

K. Sekhar vs The District Collector on 7 February, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
 WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945
                         WP(C) NO.4300 OF 2024
PETITIONER:

             K.SEKHAR, AGED 52 YEARS, S/O.KARUPPAIYA, YADHUKULAM
             HOUSE, PATTUMALA, KARADIKUZHY, PEERMADE, IDUKKI
             DISTRICT, PIN - 685531
             BY ADVS.
             BIJU .C. ABRAHAM
             THOMAS C.ABRAHAM
             BASIL MATHEW


RESPONDENTS:

     1       THE DISTRICT COLLECTOR, COLLECTORATE, KUYILIMALA,
             PAINAV PO, IDUKKI DISTRICT, PIN - 685603
     2       THE HEALTH INSPECTOR, COMMUNITY HEALTH CENTRE,
             VANDIPERIYAR PO, IDUKKI DISTRICT, PIN - 685533
     3       THE SECRETARY, PEERMADE GRAMA PANCHAYAT, AZHUTHA,
             IDUKKI DISTRICT, PIN - 685531
     4       VADIVELU, PATTUMALA ESTATE, KAREDIKUZHY, PEERMADE,
             IDUKKI DISTRICT, PIN - 685531
     5       LAKSHMI
             PATTUMALA ESTATE, KAREDIKUZHY, PEERMADE, IDUKKI
             DISTRICT, PIN - 685531
             BY SMT.R.DEVISREE, GOVERNMENT PLEADER
                SRI.JOICE GEORGE, SC



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   07.02.2024,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.4300 of 2024              2



                                JUDGMENT

Petitioner is the owner in possession of an

extent of 4.37 Ares of land comprised in survey

No.183/1 in Peeramade Village, Peeramade Taluk,

Idukki District. It is stated that there is a well

in the petitioner's property, which is the only

source of water for drinking and other purposes.

It is further stated that respondents 4 and 5

started construction of a septic tank in their

property in an unscientific manner, without

keeping the minimum distance from the petitioner's

property as provided in the Kerala Panchayat Raj

Act and the Rules framed thereunder. Accordingly,

the petitioner submitted Ext.P5 complaint before

the 2nd respondent, the Health Inspector of the

Panchayat, who issued Ext.P5(a) notice to the 5th

respondent directing to stop construction and to

construct the septic tank in a scientific manner.

Ignoring Ext.P5(a), when respondents 4 and 5

proceeded with the construction without keeping

the minimum distance, the 3rd respondent, the

Secretary of the Panchayat, issued Ext.P6 stop

memo. The grievance of the petitioner is that

despite Ext.P6 stop memo, the respondents 4 and 5

have proceeded with the construction. Accordingly,

the petitioner filed Ext.P7 complaint before the

3rd respondent. The limited prayer of the

petitioner is for a consideration of Ext.P7

complaint by the 3rd respondent within a reasonable

time.

2. Heard the learned counsel for the

petitioner, the learned Standing Counsel for the

Panchayat and the learned Senior Government

Pleader. In the nature of the order I propose to

pass, notice to respondents 4 and 5 is dispensed

with.

3. In the facts and circumstances of the case

and having regard to the submissions made across

the Bar, there will be a direction to the 3 rd

respondent to consider Ext.P7 complaint after

hearing the petitioner, the 2nd respondent/Health

Inspector and respondents 4 and 5, as

expeditiously as possible, at any rate, within a

period of two weeks from the date of receipt of a

copy of this judgment.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE sp/07/02/2024

APPENDIX

PETITIONER'S EXHIBITS:-

Exhibit P1 A TRUE COPY OF THE SALE DEED DATED 7/10/2015 BEARING NO. 2519/2015/I Exhibit P2 A TRUE COPY OF THE OWNERSHIP CERTIFICATE BEARING NO. B1-5594/17 DATED 26/10/2017 Exhibit P3 A TRUE COPY OF THE BUILDING TAX RECEIPT DATED 20/1/2024 ISSUED BY THE 3RD RESPONDENT PANCHAYAT Exhibit P4 A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 5/1/2024 ISSUED BY THE 3RD RESPONDENT Exhibit P5 A TRUE COPY OF THE COMPLAINT DATED 5/1/2024 THUS FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P5(a) A TRUE COPY OF THE NOTICE BEARING NO.

01/24 DATED 10/1/2024 ISSUED BY THE 2ND

Exhibit P6 A TRUE COPY OF THE STOP MEMO DATED 18/1/2024 THUS ISSUED BY THE 3RD RESPONDENT TO 5TH RESPONDENT Exhibit P7 A TRUE COPY OF THE COMPLAINT DATED 22/1/2024 THUS SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P8 A TRUE COPY OF THE COMPLAINT THUS SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT