IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 22705 of 2011(K) --------------------------------------- PETITIONER(S): ----------------------- 1. K.K. ABDUL SAGEER, S/O.KADER, KARIYATHIPILLY HOUSE, MANJALLY MATTUPURAM, KARUMALLUR VILLAGE, P.O. MANNAM, NORTH PARUR (VIA), ERNAKULAM. 2. FAZEELA, W/O.K.K. ABDUL SAGEER, KARIYATHIPILLY HOUSE, MANJALLY MATTUPURAM, KARUMALLUR VILLAGE, P.O.MANNAM, NORTH PARUR (VIA), ERNAKULAM. BY ADV. SRI.C.CHANDRASEKHARAN RESPONDENT(S): ------------------------- 1. PREMADAS @ PREMAN, S/O.N.A. NARAYANAN, NAISSERI HOUSE, KARUMALLUR VILLAGE, P.O. MANNAM, NORTH PARUR (VIA.), ERNAKULAM DISTRICT-683 513. 2. KARIMALLUR GRAMA PANCHAYAT, REPRESENTED BY SECRETARY P.O.MANNAM, NORTH PARUR TALUK, ERNAKULAM DISTRICT-683 513. 3. THE REVENUE DIVISIONAL OFFICER, FORT KOCHI-682 001. R3 BY GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 22705 of 2011(K) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION DATED 23/09/2009 SUBMITTED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT. EXT.P2: COPY OF THE ORDER NO.A2-4780/2010 DATED 03/06/2010 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT. EXT.P3: COPY OF THE PETITION DATED 05/04/2010 SUBMITTED BY PETITIONER NO.1 BEFORE THE 3RD RESPONDENT. EXT.P4: COPY OF THE NOTICE NO.M.2239/10 DATED 28/12/2010 ISSUED BY RESPONDENT NO.3 TO THE 1ST PETITIONER AND 1ST RESPONDENT. EXT.P5: COPY OF THE LETTER NO.M.2239/2010 DATED 16/02/2011 ISSUED BY 3RD RESPONDENT TO 2ND RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.22705 Of 2011 ---------------------- Dated this the 8th day of November, 2011. J U D G M E N T The writ petition is filed for a direction directing the 2nd respondent to remove the unauthorised construction of the toilet of the 1st respondent and for a direction to take appropriate action against the 1st respondent for not complying with the directions contained in Ext.P5. 2. Petitioners and 1st respondent are neighbours. The grievance of the petitioners is that the 1st respondent had constructed a toilet on the northern end of their house adjoining to the southern end of the petitioners' house. It is averred that the foul smell, filth and waste water from the toilet of the 1st respondent are causing serious health problems and diseases to the petitioners' children and other nearby residents. Petitioners submitted Ext.P1 complaint seeking remedies to remove the nuisance. The 2nd respondent as per proceedings dated 3.6.2010 issued order directing the 1st respondent to remove the unauthorised construction of the toilet which causes nuisance to ::2:: W.P.(C).No.22705 Of 2011 the petitioners' family. Ext.P2 is the copy of the order issued by the 2nd respondent. Petitioners submit that the 1st respondent did not comply with the directions issued by the 2nd respondent in Ext.P2 order. Therefore, petitioners submitted Ext.P3 representation before the 3rd respondent. Acting on Ext.P3, the 3rd respondent issued Ext.P4 notice dated 28.12.2010 directing the 1st respondent to appear before him on 14.1.2011 at 3.00 p.m. Petitioners submit that after hearing them and the 1st respondent, the 3rd respondent issued a direction to the 2nd respondent to remove the unauthorised construction of the toilet of the 1st respondent and to submit a report. Ext.P5 is the copy of the order dated 16.2.2011 issued by the 3rd respondent. 3. The grievance of the petitioners is that even though the 3rd respondent as per Ext.P5 directed the 2nd respondent to take necessary action to remove the unauthorised toilet of the 1st respondent and to submit a report before him, no action was taken by the 2nd respondent so far. In the above said facts and circumstances, the writ petition is disposed of directing the 2nd respondent to pass appropriate ::3:: W.P.(C).No.22705 Of 2011 orders on the grievance of the petitioners alleging non- compliance of the direction in Ext.P5 after affording an opportunity of being heard to the petitioners and 1st respondent, within a period of one month from the date of receipt of a copy of this judgment. HARUN-UL-RASHID, Judge. bkn/-