IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 WP(C).No. 26650 of 2008(V) -------------------------- PETITIONER(S): --------------- K.SASIDHARAN, AGED 57, S/O.KUTTAN, H.NO.XXVI/261(F), ANNATTUPARAMBIL HOUSE, PATTUPURAKKAL, THEKKUMBHAGAM, THRIPUNITHURA. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, CIVIL STATION COMPLEX, KAKKANAD, ERNAKULAM. 2. THE SECRETARY, THRIPUNITHURA MUNICIPALITY, THRIPUNITHURA. 3. SANTHA REGHU, W/O.REGHU, POTHIPARAMBIL HOUSE, THEKKUMBHAGAM, NEAR SREENIVASA TEMPLE, THRIPUNITHURA. 4. RADHA, W/O.GANGADHARAN, XXVI/261(G), PATTUPURAKKAL HOUSE, THEKKUMBHAGAM, THRIPUNITHURA, PIN 682 301. BY GOVERNMENT PLEADER SRI. K.J. MOHAMMED ANZAR ADV. SRI.V.M.KURIAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26650 of 2008(V) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - PHOTOCOPY OF THE RECEIPT DATED 5.11.2007 ISSUED BY THE 2ND RESPONDENT. EXT.P2 - PHOTOCOPY OF THE COMPLAINT DATED 1.2.2008 TO THE 1ST RESPONDENT. EXT.P2(a) - PHOTOCOPY OF THE FORWARDING LETTER DATED 1.2.2008. EXT.P3 - PHOTOCOPY OF THE NOTICE DATED 7.2.2008 ISSUED BY THE 2ND RESPONDENT. EXT.P4 - PHOTOCOPY OF THE AGENDA SLIP OF THE STANDING COMMITTEE OF 2ND RESPONDENT BEARING FILE NO. PH.105/80/07 DATED 22.5.08. EXT.P4(a) - PHOTOCOPY OF THE RESOLUTION NO. 4 DATED 18.6.2008 OF THE STANDING COMMITTEE OF 2ND RESPONDENT. // TRUE COPY // PA TO JUDGE rhs S.SIRI JAGAN, J - - - - - - - - - - - - - - - - - - - - - - - W.P(C)No.26650 of 2008 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of January, 2009 J U D G M E N T The petitioner's grievance in this writ petition is that the 3rd respondent has constructed a septic tank in the property adjacent to the petitioner's well, which causes seepage of waste water from the septic tank into the well of the petitioner, which is the only source of potable water of the petitioner. Subsequently, the 3rd respondent sold the property to the 4th respondent. On a complaint filed by the petitioner in this regard, the 2nd respondent passed Ext.P3 order whereby the 3rd respondent has been directed to shift the septic tank to another place away from the well of the petitioner. The petitioner's grievance in this writ petition is that although Ext.P3 order has been passed as early as on 7.2.2008, no further action has been taken by the 2nd respondent pursuant to Ext.P3. Although notice has been issued to respondents 3 and 4 which has been served on them, they have not chosen to enter appearance and contest the writ petition. 2. The learned counsel appearing for the 2nd respondent submits that a hearing has been conducted in the matter in which respondents 3 and 4 have agreed to shift the septic tank provided the petitioner shares W.P(C)No.26650 of 2008 - 2 - the expenses for the same. I do not think that the 2nd respondent can after having passed Ext.P3, impose such conditions for implementation of the same. In any event it is the responsibility of the respondents 3 and 4 to see that the septic tank constructed in their property does not cause nuisance or pollution to the petitioner's well. That being so, no conditions can be attached for implementation of Ext.P3. Accordingly, the writ petition is disposed of with a direction to the 2nd respondent to see that Ext.P3 is implemented forthwith. S.SIRI JAGAN, JUDGE rhs