IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WP(C).No. 9910 of 2009(G) ------------------------- PETITIONER(S): --------------- ALPHONSA.C.G., CHERUKAROTH HOUSE, KUMBALANGI, COCHIN. BY ADV. SRI.JOSHI N.THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KUMBALANGHI GRAMA PANCHAYATH, KUMBALANGHI REPRESENTED BY ITS SECRETARY. 3. REVENUE DIVISIONAL OFFICER, KOCHI. 4. CHANDRA BOSE, S/O.SURENDRAN, PADAKKARA HOUSE, KUMBALANGI, COCHIN-7. 5. THE DISTRICT MEDICAL OFFICER, ERNAKULAM. R1, R3, R5 BY GOVT. PLEADER SRI.V.MANU R2 BY ADV.SRI.S.SHANAVAS KHAN R4 BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.9910/09 PETITIONER'S EXHIBITS: EXT.P1: TPHOTOCOPY OF THE COMPLAINT DATED 12.7.2008 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P2: PHOTO COPY OF THE COMPLAINT DATED 12.7.2008 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P3: PHOTO COPY OF THE LETTER NO.D.4930/08 L.DIS DATED 25.8.2008 OF THE 3RD RESPONDENT ADDRESSED TO THE 2ND RESPONDENT ENDORSING COPY TO THE PETITIONER. EXT.P4: PHOTO COPY OF THE COMPLAINT DATED 5.1.2009 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.9910 OF 2009 ------------------------------------------- Dated this the 19th day of October, 2009 JUDGMENT The petitioner alleges that the 4th respondent is carrying on certain activity of construction of septic tank etc. in a manner depriving the petitioner and her daughter of peaceful living. The third respondent Revenue Divisional Officer has taken a view that proceedings under Section 133 Cr.P.C. is not warranted. The second respondent grama panchayat, through counsel, states that discussions were held for a negotiated settlement, on the basis of Ext.P4, however, that there is no reason to issue any direction as sought for by the petitioner, since, according to the grama panchayat, no reason could be attributed to the 4th respondent as alleged. With the aforesaid, all that is required at this point of time is for the competent authority in the second respondent to issue appropriate orders in terms of the statutory provisions, so that WPC.9910/09 Page numbers the petitioner, if aggrieved, could take that matter to the further statutory authorities in accordance with law and seek redressal. Let such orders be issued within a period of four weeks from the date of receipt of a copy of this judgment. All issues on merits are left open. This writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.21/10.