IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 15471 of 2009(D) -------------------------- PETITIONER: --------------- SAROJINI PRESENAN,CHAITHANYA, HOUSE NO.381/17,MAIN ROAD,TRIPUNITHURA. BY ADV. SRI.C.P.SAJI RESPONDENT(S): --------------- 1. THE TRIPUNITHURA MUNICIPALITY REP;BY ITS SECRETARY. 2. THE SECRETARY,TRIPUNITHURA MUNICIPALITY, TRIPUNITHURA. 3. THE HEALTH INSPECTOR,TRIPUNITHURA MUNICIPALITY. 4. PREM KUMAR,S/O.ARAVINDAKSHA MENON, HB 69,NELLIKKAPILLIL, PANAMBILLY NAGAR,ERNAKULAM. ADV. SRI.V.M.KURIAN FOR R1 TO T3 SRI.R.SREERAJ FOR R4 SRI.A.RAMACHANDRAN NAIR FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.15471 of 2009 --------------------------------- DATED THIS THE 22nd DAY OF JUNE, 2010 JUDGMENT The petitioner is aggrieved by the collection of waste and other materials in a pond near to his property, which is situated in the property owned by the 4th respondent herein. 2. The petitioner is residing in Ward No.17 of Tripunithura Municipality. Her house is situated in the eastern side of the Tripunithura-Vaikom Road. The 4th respondent's property is on the northern side of the petitioner's property. It is lying as a vacant land. It appears that the 4th respondent is also not residing nearby. There is a pond in the property which is lying in an abandoned state. 3. It is pointed out that the petitioner had on several occasions brought to the notice of the Municipality about the conditions of the pond as well as the pollution created by the dumping of waste materials therein. According to the petitioner, the same is a health hazard so far as the neighbouring property owners are concerned. W.P.(C)No.15471/09 -2- 4. Heard the learned Standing Counsel for the Municipality also. There will be a direction to the 2nd respondent to take appropriate action on Exhibits P4 and P6 representations after issuing notice to the petitioner and the 4th respondent. It is pointed out that the 2nd respondent is having power under Section 413 and 417 of the Kerala Municipalities Act. Appropriate action will be finalised within a period of one month from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn