IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 WP(C).No. 29409 of 2010(A) -------------------------- PETITIONER: --------------- ROY MATHEW ZACHARIA, AGED 50 YEARS, S/O.LATGE K.I.ZACHARIA, KOCHUPARAMBIL HOUSE, CHINGAVANOM P.O., KOTTAYAM. BY ADV.MR.M.P.MADHAVANKUTTY RESPONDENTS: --------------- 1. NATTAKOM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, NATTAKOM GRAMA PANCHAYATH, KOTTAYAM - 686 001. 2. SECRETARY, NATTAKOM GRAMA PANCHAYATH KOTTAYAM - 686 001. 3. SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM - 695 001. *ADDL.R4. KOTTAYAM MUNICIPALITY KOTTAYAM, REP BY ITS SECRETARY. *ADDL.R5. SECRETARY, KOTTAYAM MUNICIPALITY, KOTTAYAM. * ADDL.R4 & R5 ARE IMPLEADED AS PER ORDER DTD. 14.12.2010 IN I.A.NO.17160/2010. ADV. MR.SIBY MATHEW FOR ADDL.R4&5 MR.P.KURUVILLA JACOB FOR R2 MR.PHILIP J.VETTICKATTU FOR ADDL.R4 & 5 MR.B.PREMNATH (E) FOR ADDL.R4 & 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29409 of 2010(A) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 SERIES: ORIGINAL PHOTOGRAPHS SHOWING THE DILAPIDATED CONDITION OF THE OVER HEAD WATER TANK IN THE PETITIONER'S PROPERTY. EXT.P2: PROJECT DATED 24.8.2009 FORMULATED BY R1 FOR DEMOLISHING THE OVER HEAD WATER TANK. EXT.P3: MINUTES OF THE MEETING OF THE PANCHYATH DTD. 22.6.2010 CONVENED BY R2. EXT.P4: REPRESENTATION DTD. 20.8.2010 SUBMITTED BY THE PETITIONER. RESPONDENTS' EXHIBITS: EXT.R2(a): LETTER DTD. 20.10.2010 OF THE ASSISTANT ENGINEER OF THE LOCAL SELF GOVERNMENT DEPARTMENT COMMUNICATED TO R2. ....... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.29409 Of 2010 ---------------------- Dated this the 26th day of August, 2011. J U D G M E N T The prayer in the writ petition is for a direction to the local authority to take immediate steps for demolition of the overhead water tank which is standing in the property of the petitioner, within a time frame to be fixed by this Court and for other consequential reliefs. 2. Respondents 1 & 2 are Nattakom Grama Panchayath and its Secretary. Subsequently, additional respondents 4 & 5 were impleaded. Additional 4th respondent is Kottayam Municipality and additional 5th respondent is its Secretary. Additional respondents were impleaded for the reason that the 1st respondent Grama Panchayath is merged with the Kottayam Municipality and it is pointed out that 2nd respondent has ceased to have any authority over the area where the property of the petitioner is situated. The prayer in the writ petition is for a direction directing respondents 1 & 2 to take immediate steps for the demolition of the overhead water tank and to direct the 2nd ::2:: W.P.(C).No.29409 Of 2010 respondent to consider and pass orders on Ext.P4 representation. In view of the merger of the 1st respondent Panchayat with the Kottayam Municipality, the learned counsel for the petitioner submits that he intends to prefer a representation before the additional 4th respondent Municipality and a direction may be issued to the additional 5th respondent to consider and dispose of the representation. 3. According to the petitioner, the water tank deteriorated due to passage of time is causing severe threat to the life and property of the petitioner and his family. Therefore, he had represented before the Panchayath to demolish the water tank. Ext.P1 series of photographs are produced to show that the water tank is situated in a dangerous condition. In these circumstances, the petitioner seeks immediate action on the part of the Municipality. In the facts and circumstances, the writ petition is disposed of with a direction that in the event of the petitioner filing a representation within ten days from the date of receipt of a copy of this judgment, the additional 5th respondent shall consider and ::3:: W.P.(C).No.29409 Of 2010 pass appropriate orders, after affording an opportunity of being heard to the petitioner, within a period of one month from the date of filing of the representation. HARUN-UL-RASHID, Judge. bkn/-