IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 WP(C).No. 20127 of 2011(M) --------------------------------------- PETITIONERS: --------------------- 1. SUNNY JOSEPH.K,AGED 35 YEARS, S/O.LATE K.M.JOSEPHP,KALATHOOR HOUSE, THUTHIYOOR KARA, KAKKANADU VILLAGE, ERNAKULAM DISTRCIT-682 037. 2. RENNY JOSEPH.K.,AGED 33 YEARS, S/O.LATE K.M.JOSEPHP,KALATHOOR HOUSE, THUTHIYOOR KARA, KAKKANADU VILLAGE, ERNAKULAM DISTRICT-682 037. BY ADVS. SRI.V.R.KESAVA KAIMAL, SRI.N.M.MADHU, SMT.C.S.RAJANI. RESPONDENTS: ------------------------ 1. THE THRIKKAKARA MUNICIPALITY, REP.BY ITS SECRETARY,KAKKANADU P.O-682 035. 2. PAUL,S/O.MATHEW, VENUKATTU HOUSE, ADARSH NAGAR, THUTHIYOOR, - 682 037. 3. SISTY,S/O.PAUL, VEVUKATTU HOUSE, ADARSH NAGAR, THUTHIYOOR, - 682 037. 4. THE SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION – 682 035. BY ADV. SRI. S. SHANAVAS KHAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20127/2011-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DEATH CERTIFICATE DTD. 24/01/2008 ISSUED BY THRIKKAKARA GRAMA PANCHAYAT. EXT.P.2: COPY OF THE WILL NO. 37/111/2007 DTD. 27/07/2007 OF S.R.O. THRIKKAKARA. EXT.P.3: COPY OF THE COMPLAINT DTD. 20/09/2010 SUBMITTED BY THE P.1. BEFORE THE R.1. EXT.P.4: COPY OF THE RECEIPT DTD. 20/09/10 ISSUED BY THE OFFICE OF THE R.1. EXT.P.5: COPY OF THE COMPLAINT DTD. 28/04/2011 SUBMITTED BY THE P.1. BEFORE THE R.1. EXT.P.6: COPY OF THE RECEIPT DTD. 28/04/2011 ISSUED BY THE OFFICE OF THE R.1. EXT.P.7: COPY OF THE COMPLAINT DTD. 28/04/2011 SUBMITTED BY THE P.2. BEFORE THE R.1. EXT.P.8: COPY OF THE RECEIPT DTD. 28/04/2011 ISSUED BY THE OFFICE OF THE R.1. EXT.P.9: COPY OF THE COMPLAINT DTD. 20/06/2011 SUBMITTED BY THE P.2. BEFORE THE R.4. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 20127 OF 2011 ------------------------------- DATED THIS THE 25TH DAY OF JULY, 2011 JUDGMENT This writ petition is filed for a direction to the lst- respondent Municipality to enquire into Exts.P3, P5 and P7 complaints and initiate action against respondents 2 and 3 for draining out the filth into the property of the petitioners and for other incidental relilefs. 2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the Municipality. 3. When the matter was taken up for admission today, the learned counsel for the petitioners submits that a direction may be issued to the lst respondent to consider and dispose of Exts.P5 and P7 complaints, which are pending consideration. In the light of the limited relief sought for at the time of admission, this Court is of the view that this writ petition can be disposed of without issuing notice to respondents 2 to 4. -2- W.P.(C).No.20127/2011 In the circumstances, this writ petition is disposed of with a direction to the lst respondent to consider and dispose of Ext.P5 and P7 complaints in accordance with law, after affording an opportunity of hearing to the petitioner, respondents 2 and 3 and other affected parties, if any, within a period of four weeks from the date of receipt of a copy of the judgment. HARUN-UL-RASHID, Judge. kcv. -3- W.P.(C).No.20127/2011