IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933 WP(C).No. 31760 of 2007(E) -------------------------- PETITIONER(S): --------------- C.K.JOSEPH, AGED 49, S/O. LATE KURIAN OUSEPH, CHITTADIYIL HOUSE, CP 11/414 A, CHEMPANODA P.O., PARUVANNAMOOZHI, CHEMBANODA VILLAGE, KOYILANDI TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY SRI.E.M.MURUGAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY, MINISTRY OF LOCAL ADMINISTRATION, TRIVANDRUM. 2. THE SECRETARY, CHAKKITTAPARA GRAMA PANCHAYAT, CHAKKITTAPARA, KOZHIKODE. 3. THE CHAKKITTAPARA GRAMA PANCHAYATH, REP. BY ITS PRESIDENT, CHAKKITTAPARA, KOYILANDI TALUK, KOZHIKODE. 4. V.C.GEORGE, S/O. CHACKO, VELUPARAMBIL HOUSE, CHEMBANODA P.O., PERUVANNAMOOZHI, KOZHIKODE. 5. JAIMOL GEORGE, W/O. V.C.GEORGE, VALUPARAMBIL HOUSE, CHEMBANODA P.O., PERUVANNAMOOZHI, KOZHIKODE. ADV. SRI.S.RAMESH BABU FOR R2 GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 2.6.2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 31760/2007 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE PETITION DTD.20.12.06. P2. COPY OF THE REPORT OF R2. P3. COPY OF THE NOTICE DTD.20.2.07 BY R2. P4. COPY OF THE PETITION DTD.5.10.07 TO R2. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 31760 of 2007 ================== Dated this the 2nd day of June, 2011 J U D G M E N T The petitioner is the owner of 25 cents of property, where there is a residential building in Chakkittapara Grama Panchayat. Near the petitioner's property, respondents 4 and 5 are running a cattle shed. The petitioner filed Ext.P1 complaint regarding nuisance and pollution on account of running of cattle shed. The Health Inspector and the Medical Officer attached to the Primary Health Centre, Pannikkottur, enquired into the allegations in Ext.P1 and recommended to the Secretary of the Grama Panchayat that the complaints in Ext.P1 are genuine and, therefore, appropriate steps may be taken to see that the cattle shed is removed from there. Pursuant thereto, the Panchayat issued Ext.P3 order directing the 4th respondent to remove the cattle shed, informing him that if he fails to do so, appropriate legal proceedings would be initiated against him. That order was passed as early as on 20.7.2007. The petitioner approached this Court since no further action was taken pursuant to Ext.P3 despite Ext.P4 representation filed by the petitioner in that regard. The petitioner seeks the following relief: “Issue a writ, order or direction in the nature of Mandamus or other appropriate writ directing the 2nd and 3rd respondents to forthwith implement Ext.P3 decision in letter and spirit by causing the cattle shed to be removed as detailed in Ext.P3 within a time frame to be fixed by this Honourable Court.” w.p.c.31760/07 2 2. I have heard the parties. 3. Having issued Ext.P3, respondents 2 and 3 had a duty to see that respondents 4 and 5 comply with the same. Therefore, I dispose of this writ petition with a direction to the respondents to see that Ext.P3 is implemented in letter and spirit, if not already implemented, as expeditiously as possible, within one month from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge