IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 24836 of 2009(Y) -------------------------------------- PETITIONER(S): ----------------------- M.N.BALACHANDRAN NAIR, MALERIL VEEDU, AMBALAMEDU P.O. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): ------------------------ 1. REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA. 2. VADAVUKODE PUTHENCRUZ PANCHAYAT, REPRESENTED BY ITS SECRETARY,PUZHENCRUZ 3. DISTRICT MEDICAL OFFICER, DISTRICT HOSPITAL, ERNAKULAM. 4. SUB INSPECTOR OF POLICE,AMBALAMEDU. 5. SHERLY THOMAS, W/O. P.C.THOMAS, PERUMBAYIL HOUSE,KANNANKULANGARA, TRIPUNITHURA P.O. 6. P.C.THOMAS, PERUMBAYIL HOUSE, KANNANKULANGARA, TRIPUNITHURA P.O. R1, 3 & 4 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. R2 BY ADV. SRI.M.P.MADHAVANKUTTY R5 & R6 BY ADV. SRI.B.PRAMOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2010, THE COURT ON 16/11/2010 DELIVERED THE FOLLOWING: WPC NO.24836 OF 2010 PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE DOCUMENT NO.6445/1/05 DATED 26.9.2005. EXT.P2. TRUE COPY OF THE TAX RECEIPT NO.2790399 DATED 14.6.2004. EXT.P3A. TRUE COPY OF THE PHOTOGRAPH. EXT.P3B. TRUE COPY OF THE PHOTOGRAPH. EXT.P3C. TRUE COPY OF THE PHOTOGRAPH. EXT.P3D. TRUE COPY OF THE PHOTOGRAPH. EXT.P3E. TRUE COPY OF THE PHOTOGRAPH. EXT.P3F. TRUE COPY OF THE PHOTOGRAPH. EXT.P3G. TRUE COPY OF THE PHOTOGRAPH. EXT.P3H. TRUE COPY OF THE PHOTOGRAPH. EXT.P3-I. TRUE COPY OF THE PHOTOGRAPH. EXT.P3J. TRUE COPY OF THE PHOTOGRAPH. EXT.P3K. TRUE COPY OF THE PHOTOGRAPH. EXT.P3L. TRUE COPY OF THE PHOTOGRAPH. EXT.P4. TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT DATED 18.8.2009. EXT.P5. TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 18.8.2009. RESPONDENT'S EXHIBITS: EXT.R5A. A TRUE COPY OF THE PROCEEDINGS DATED 24.1.1995 OF THE DISTRICT COLLECTOR ERNAKULAM. EXT.R5B. TRUE COPY OF THE PROOCEEDINGS DATED 25.11.1994 OF THE RDO,MUVATTUPUZHA. EXT.R5C. TRUE COPY OF THE SKETCH DATED 18.9.2009 PREPARED BY THE VILLAGE OFFICER, PUTHANCRUZ. EXT.R5D. A TRUE COPY OF THE COMPLAINT DATED 22.8.2009 SUBMITTED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT. EXT.R5E. TRUE COPY OF THE RECEIPT DATED 24.8.2009 ISSUED TO THE 5TH RESPONDENT. EXT.R2A. TRUE COPY OF THE NOTICE DATED 24.8.2009. EXT.R2B. TRUE COPY OF THE NOTICE DATED 24.8.2009. EXT.R2C. TRUE COPY OF THE LETTER DATED 5.9.2009. EXT.R2D. TRUE COPY OF THE NOTICE DATED 8.9.2009. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.24836 of 2009-Y ---------------------------------------------- Dated, this the 16th day of November, 2010 J U D G M E N T K.M.Joseph, J. The prayers in the writ petition are as follows: “i) to call for the records relating to Exts.P1 to P5 and to issue a writ of mandamus commanding the 4th respondent not to interfere with the peaceful occupation and enjoyment of the petitioner's property and also not to permit the respondents 5 and 6 to carry out any construction of septic tank and also disposal of waste and waste materials including waste water into the petitioner's property and also to direct the respondents 5 and 6 to carry out construction for providing healthy sanitary facilities including construction of septic tank in their property for the use of their tenants; ii) to issue a writ of mandamus commanding the respondents 2 and 3 to make immediate steps to abate nuisance caused by the respondents 5 and 6 by the leakage and overflowing of septic tank attached to Building Nos.726, 727, 728, 729 and 730 and also to pass orders stopping the use of the septic tank and also disposal of waste materials and waste water into petitioner's property and also to direct the said respondents not to accumulate waste water and waste WPC No.24836/2009 -2- materials in their own property which is causing nuisance to the persons in the locality including the petitioner.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is the owner of 4.6 Ares of land. He sold 2 ares to respondents 5 and 6. In the said property there is an old building. Petitioner is occupying the remaining property on the lower level. Essentially, the complaint is about the septic tank in the building and the overflowing of waste of food articles and filth etc. Petitioner filed complaints. There is reference to Public Health Act TC 1955. It is submitted that the panchayat has a duty to act. 3. A counter affidavit is filed by the 2nd respondent. In the counter affidavit it is inter alia stated that the panchayat has already taken steps, but the petitioner did not co-operate with the panchayat. 4. Learned counsel for the petitioner reiterates his contentions. As far as the relief against police harassment is concerned we do not think that this is a fit case for the petitioner to approach this Court. It is submitted by the learned Government Pleader that a complaint is received and WPC No.24836/2009 -3- if it is so warranted they will take action in accordance with law and that there will be no harassment of the petitioner. We record the said submission. As far as the prayer regarding direction to the panchayat to take action in the matter is concerned, we record the submission of the learned counsel for the petitioner that the petitioner will co-operate in the matter. If that be so, we direct the 2nd respondent to look into the matter with notice to the petitioner and respondents 5 and 6 and take appropriate action in the matter in accordance with law without delay. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS