Kerala High Court
Josekutty vs Karimpuzha Grama Panchayat on 7 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA,
1945
WP(C) NO. 26675 OF 2016
PETITIONER:
JOSEKUTTY, AGED 56 YEARS, S/O.IGNATIUS,
KAREPARAMBIL HOUSE, THOTTARA, KARIMPUZHA
P.O., OTTAPALAM TALUK PALAKKAD DISTRICT.
BY ADV SRI.P.JAYARAM
RESPONDENTS:
1 KARIMPUZHA GRAMA PANCHAYAT, REPRESENTED BY
ITS SECRETARY P.O.KARIMPUZHA-679513.
2 THE SECRETARY, KARIMPUZHA GRAMA PANCHAYAT,
P.O.KARIMPUZHA-679513.
3 YUSUF ALI, S/O.MUHAMMED, EENGAKOTTIL HOUSE,
P.O.KARIMPUZHA-679513.
4 STATE OF KERALA
REPRESENTED BY SECRETARY DEPARTMENT OF LOCAL
SELF GOVERNMENT GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM-695001.
OTHER PRESENT:
SRI RIYAL DEVASSY , GP
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).26675/2016
2
P. V. KUNHIKRISHNAN, J.
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W.P(C).No.26675 of 2016
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Dated this the 7th day of February, 2024
JUDGMENT
The above Writ Petition is filed with the following prayers:
i) Declare that the 3rd respondent has no legal right to
dig latrine pit in violation of Kerala Panchayat
Building Rules with reference to the distance from
any drinking water source;
ii) issue a writ of mandamus or other appropriate
writ, direction or order directing the 2 nd respondent
to ensure that the 3rd respondent does not dig latrine
pit causing denial of drinking water to the petitioner;
iii) issue a writ of mandamus or other appropriate
writ, direction or order directing the 2 nd respondent
to consider and take immediate action on Exhibit P3
complaint in a time bound manner;
iv) grant such other reliefs found just and proper in
the facts and circumstances of the case.
[SIC]
2. This Writ Petition is pending before this Court from
2016 onwards. Notice was ordered to the respondents on
W.P(C).26675/2016
11.08.2016. No process was paid. Hence, this case is listed in the
defect list. A perusal of the reliefs in this Writ Petition would show
that the matter is infructuous. Therefore, this Writ Petition need
not be retained here indefinitely.
Therefore, this Writ Petition is closed.
Sd/-
P. V. KUNHIKRISHNAN
JUDGE
Sbna/
W.P(C).26675/2016
APPENDIX OF WP(C) 26675/2016
PETITIONER EXHIBITS
P1 TRUE COPY OF THE SALE DEED NO.594/2009
S.R.O.MANNARKKAD.
P2 TRUE COPY OF THE BASIC TAX RECEIPT
DT.18-5-2016 ISSUED IN THE NAME OF THE
PETITIONERL FROM KARIMPUZHA-I VILLAGE.
P3 TRUE COPY OF THE COMPLAINT DT.22-7-2016
PRESENTED BY THE PETITIONER BEFORE R2.
P3A TRUE COPY OF THE ACKNOWLEDGMENT ISSUED
FROM THE OFFICE OF R1 WITH RESPECT TO
EXT.P3 COMPLAINT.
P4 PHOTOGRAPHS SHOWING THE LIE OF THE
LATRINE PIT AND THE PETITIONER'S GROUND
WATER WELL.
