IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932 WP(C).No. 15633 of 2010(D) -------------------------- PETITIONER: ------------- DR.MOHAMMED KUNHI K., DISTRICT MEDICAL OFFICER (RETIRED), K.M.C. 13/29, FORT ROAD, KASARAGOD. BY ADV. SRI.P.K.MUHAMMED RESPONDENT(S): ------------------ 1. THE SECRETARY, KASARAGOD MUNICIPALITY, MUNICIPAL OFFICE, KASARAGOD. 2. SMT. P.K. ZUHARA, W/O. BAPPIDI MOHAMMAD, K.M.C. 13/28, THAYALANGAI,KASARAGODE. ADV. SRI.V.M.KURIAN FOR R1 SRI.K.G.GOURI SANKAR RAI FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WP(C)NO.15633/10 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 19.5.2008. EXT.P2: TRUE COY OF THE ANALYSIS REPORT OF THE WATER SAMPLE DATED 13.3.08. EXT.P3: TRUE COPY OF THE RECEIPT FOR PAYMENT OF THE FEES FOR ANALYSIS DATED 13.3.08. EXT.P4: TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 29.5.08. EXT.P5: TRUE COPY OF THE ANALYSIS REPORT OF THE ASST.ENVIRONMENTAL ENGINEER DATED 20.8.09. EXT.P6: TRUE COPY OF THE LETTER ADDRESSED TO THE 1ST RESPONDENT BY THE ASST.ENVIRONMENTAL ENGINEER DATED 27.8.09. EXT.P7: TRUE COPY OF THE LETTER ADDRESSED TO THE PETITIONER BY 1ST RESPONDENT DATED 15.2.2010. EXT.P8: TRUE COPY OF THE COMPLAINT ADDRESSED TO THE 1ST RESPONDENT BY THE PETITIONER AND THE RECEIPT DATED 25.3.2010. EXT.P9: TRUE COPY OF THE REPRESENTATION FILED B Y THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 5.6.2010. TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.15633 of 2010 --------------------------------- DATED THIS THE 5th DAY OF JULY, 2010 JUDGMENT The petitioner is a resident in House No.KMC 13/29 of Fort Road, Kasaragod with his family members. According to the petitioner, there is acute water shortage in Kasaragod Municipal area and he was depending upon alternate arrangements for drinking water due to the failure of water supply by digging a tube well. 2nd respondent is the owner of the adjacent plot in which a house is also situated. According to the petitioner, drinking water used by the petitioner is contaminated due to the latrine pit constructed by the second respondent. Even though complaints were filed and the matter was examined by the Water Authority also, no worthwhile steps were taken by the Municipality in the matter. Exhibits P1 to P8 have been produced in support of the case put forward by the petitioner. 2. Along with I.A.No.8818/2010, the petitioner has produced Exhibit P9, a detailed representation submitted before the Secretary of the Municipality. It is prayed that the Secretary may be directed to take a decision on Exhibit P9 within a time W.P.(C)No.15633/2010 -2- frame. 3. There will be a direction to the Secretary of the Municipality to consider the grievance raised by the petitioner in Exhibit P9, with notice to the petitioner and the 2nd respondent, conduct due enquiries in the matter and take a final decision within a period of six weeks 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