IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 19743 of 2007(A) -------------------------- PETITIONER(S): --------------- V.SANTHOSH KUMAR, AGED 42 YEARS, S/O V.GOVINDANKUTTY MENON, VYLIPARAMBATH HOUSE, NERUVISSERY, ARATTUPUZHA, THRISSUR. BY ADV. SRI.P.K.SAJEEV RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER, COLLECTORATE, THRISSUR. 2. THE SECRETARY, VALLACHIRA GRAMA PANCHAYATH, VALLACHIRA, THRISSUR. R1 BY GOVT. PLEADER SMT.SMITHA SUKUMARAN R2 BY ADV. SRI.M.B.PRAJITH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.19743/07 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE COMPLAINT DATED 25.9.2006 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P2: TRUE COPY OF THE REPORT NO.B6-26632/03 DATED 18.10.2006 OF THE TAHSILDAR, THRISSUR. EXT.P3: TRUE COPY OF THE SKETCH PREPARED BY THE ARATTUPUZHA VILLAGE OFFICER. EXT.P4: TRUE COPY OF THE PROCEEDINGS NO.A2-14441/2006 DATED 18.11.2006 OF THE 1ST RESPONDENT. EXT.P5: TRUE COPY OF THE COMPLAINT DATED 4.1.2007 FILED BEFORE THE DISTRICT COLLECTOR, THRISSUR. EXT.P6: TRUE COPY OF THE NOTICE NO.A2-14441/2006 DATED 16.1.2007. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.19743 OF 2007 ------------------------------------------- Dated this the 7th day of April, 2010 JUDGMENT This writ petition is filed in 2007. The complaint pertains to diversion of waste water to avoid its seepage into the well of the petitioner. The same is a matter relatable to public health. The Revenue Divisional Officer had issued an order on 18.11.2006, directing the second respondent Secretary of the Panchayat to construct a drain without contaminating the petitioner's well. That drain was to be constructed through the southern side of the road situated on the southern side of the petitioner's property. This fact is recorded specifically in paragraph 4 of the counter affidavit of the first respondent, filed in February, 2008. The fact that the first respondent issued such an order way back in 2006 is not disputed by the second respondent. All that the second respondent now states is that the Health Inspector has reported that the drain can be constructed on the northern side of the petitioner's property by WPC.19743/07. 2 concreting the said area. The Revenue Divisional Officer is a competent authority of the State. He has powers under the Cr.P.C. as an Additional District Magistrate. He has also executive powers of the State to ensure that public health is maintained. He issued the order way back in 2006. Even if the second respondent Panchayat states that the Panchayat was not heard in the matter, it is too late in the day for a public authority to say so. The said order does not compel the Panchayat to put up a drain through the property which belonged to it. I do not find any reason why the Panchayat should fight shy to carry out the aforesaid direction of the RDO. Accordingly, this writ petition is ordered directing that the decision of the RDO as contained in his order dated 18.11.2006 shall be given effect to without fail, within a period of four months from the date of receipt of a copy of this judgment. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.08/04.