IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 WP(C).No. 30858 of 2008(W) --------------------------------------- PETITIONER(S): ---------------------- KONIYATH PATHUTTY, AGED 70 YEARS, W/O.MOHAMMED HAJI, KONIYATH HOUSE, MAPARAMB, OTTUMMAL BEACH, PARAPPANANGADI. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): ------------------------- 1. THE SECRETARY, PARAPPANANGADI, GRAMA PANCHAYATH, P.O.PARAPPANANGADI, MALAPPURAM DIST. 2. KUPPACHAN UMMER, PRESIDENT, PARAPPANANGADI, GRAMA PANCHAYATH, PARAPPANANGADI. R1 & R2 BY ADV. SRI.HARISH R. MENON SRI.K.T.SHYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C) NO. 30858/2008 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE REPORT DATED 19/4/1999. P2 COPY OF THE ORDER DATED 21/4/1999. P3 COPY OF THE NOTICE DATED 10/9/2008. P4 COPY OF THE LETTER DATED 15/9/2008. P5 COPY OF THE LETTER DATED 15/9/2008. P6 COPY OF THE ORDER DATED 10/10/2008. RESPONDENT'S EXHIBITS: R1(A) COPY OF THE COMPLAINT DATED 09/09/2008. R1(B) COPY OF THE REPORT SUBMITTED BY THE OVERSEER DATED 09/09/2008. R1(C) COPY OF THE NOTICE ISSUED BY THIS RESPONDENT TO THE SON OF THE PETITIONER. R1(D) COPY OF THE COMPLAINT PREFERRED BY THIS RESPONDENT BEFORE THE SUB INSPECTOR OF POLICE PARAPPANANGADI. R1(E) COPY OF THE REPLY SUBMITTED BY THE SON OF THE PETITIONER. R1(F) COPY OF THE SECOND REPORT OF THE OVERSEER DATED 16/09/2008. R1(G) COPY OF THE LETTER ISSUED BY THE SUB INSPECTOR OF POLICE PARAPPANANGADI DATED 17/02/2009. R1(H) COPY OF THE REPORT DATED 21/02/2009 SUBMITTED BY THE SANITARY INSPECTOR. /TRUE COPY/ sts P.A.TO.JUDGE T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.30858 Of 2008 ----------------------------------------------------- DATED THIS THE 15th DAY OF NOVEMBER, 2010 J U D G M E N T The petitioner's complaint is against Exhibit P6 notice issued by the Secretary of the Panchayat to remove a pipe laid by the petitioner crossing a road. 2. It is the case of the petitioner that the petitioner's house is situated on the side of Kuttiyil-Vakkayil Road and rain water was flowing to the road before the same was tarred. There is a drainage on the opposite side of the road and the inhabitants on either side are draining the rain water to the drainage. The petitioner had some dispute with the then President of the Panchayat, the 2nd respondent herein. Exhibit P3 was issued by the Secretary to the petitioner's son to restore the drainage and the road, on the basis of the complaint that for flowing waste water, the petitioner's son laid pipes crossing the road. The petitioner's son filed an objection as per Exhibit P4 and thereafter Exhibit P6 notice has been issued. 3. Various grounds have been raised in the Writ Petition to contend that the petitioner has not caused any damage to the W.P.(C)No.30858/08 -2- road. 4. In the counter affidavit filed by the Panchayat, two reports, namely Exhibits R1(f) and R1(h) filed by the Officers of the Panchayat have been relied upon. 5. If the petitioner has got any complaint with regard to Exhibit P6, it was upto the petitioner to move the Panchayat itself by filing objections. The notice is addressed to his son, who is stated to be abroad. Hence a fresh notice will be issued to the petitioner showing the details of the allegations within two weeks of receipt of a copy of this judgment, if the 1st respondent wishes to proceed in the matter. Thereafter, the petitioner will file an appropriate objection before the 1st respondent within a period of three weeks, along with a copy of this judgment and thereafter, the 1st respondent will take a decision with notice to the petitioner, expeditiously. It is made clear that I have not considered anything on the merits of the matter. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn W.P.(C)No.30858/08 -3-