IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 10328 of 2011(M) ---------------------------------------- PETITIONER(S): ------------------------ JESWIN, AGED 27 YEARS, S/O. THANKACHAN @ VARGHESE, KUMBAKA PALLI HOUSE, POOZHITHODU, P.O.PERUVANNAMUZHI (VIA), CHEMBANODA AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE-673 528. BY ADV. SRI.SANTHARAM.P RESPONDENT(S): --------------------------- 1. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, PANNIKOTTOOR, KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN-673 528. 2. HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, PANNIKOTTOOR, KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN-673 528. 3. THE SECRETARY, CHAKKITTAPARA GRAMA PANCHAYATH, CHAKKITTAPARA P.O., KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN-673 528. 4. LAISAMMA SEBASTIAN, W/O. SHAJU, THENMANKUZHIYIL HOUSE, POOZHITHODU P.O., CHEMBANODA AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN-673 528. 5. VISWANATHAN, AALATH HOUSE, POOZHITHODU P.O., CHEMBANODA AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN-673 528. 6. TESSY GEORGE OLIKKAL, W/O. GEORGE OLIKKAL, POOZHITHODU P.O., CHEMBANODA AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN-673 528. 2/- -2- WP(C)NO.10328/2011 7. MARY JOSEPH, KIZHAKKEKARA HOUSE, P.O.PERUVANNAMUZHI, KOVAPOYYIL, (JUNIOR PUBLIC HEALTH NURSE, MINI HEALTH CENTRE, CHEMBANODA, POOZHITHODE P.O., CHEMBANODA AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN-673 528. R1 & R2 BY GOVERNMENT PLEADER SRI.ARAVINDA KUMAR BABU R3 BY SRI.O.V.RADHAKRISHNAN, SENIOR ADVOCATE R3 BY ADV. SMT.K.RADHAMANI AMMA SRI.K.RAMACHANDRAN (THYKOODAM) SRI.GENS GEORGE ELAVINAMANNIL R4 TO R7 BY ADV. SRI.K.B.ARUNKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.10328/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE JUDGMENT DATED 11/01/2010 IN WP.NO.32426/2009. P2 COPY OF THE ORDER OF INTERIM INJUNCTION DATED 01/10/2009 IN I.A.NO.386/2009 IN OS NO.123/2009. P3 COPY OF THE NOTICE DATED 21/03/2011 ISSUED BY THE 2ND RESPONDENT ANT COUNTER SIGNED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts ANTONY DOMINIC, J. ================ W.P.(C) NO. 10328 OF 2011 ===================== Dated this the 26th day of July, 2011 J U D G M E N T Petitioner challenges Ext.P3, an order passed by the Health Inspector, Primary Health Centre, Pannikottoor, Calicut District. This order was issued at the instance of the 4th respondent, and by this order, the 2nd respondent has directed the petitioner to remove a waste water tank and to construct a new one elsewhere under the supervision of the officers of the Health Department. 2. According to the petitioner, it is because of the fact that the petitioner is in inimical terms with the family of the 4th respondent that the complaint was made, which resulted in Ext.P3 order. It is also his case that there is no possibility of the waste water flowing into the well in the premises of the 4th respondent. On these grounds, the petitioner seeks to invalidate Ext.P3 order. 3. However, a reading of Ext.P3 order itself show that repeated complaints were made by the 4th respondent and that an inspection was conducted by the Secretary of the Panchayat when possibility of flow of water from the waste water tank was confirmed. Further, it is also stated that, thereupon the Health WPC No. 10328/11 :2 : Inspector himself conducted an inspection, and that, he also found that the grievance expressed by the 4th respondent and the findings of the Secretary of the Panchayath were factually correct. It was on that basis, the said order was issued by the 2nd respondent. 4. Learned Government Pleader also made available copy of the instructions furnished by the Health Inspector, which reiterates that he conducted an inspection on the directions of the Medical Officer, he found that the waste water tank was 5.5 meters away from the well and was situated at a higher level, which indicated to him the possibility of the water in the well getting contaminated, exposing the 4th respondent to water born diseases and other health problems. 5. Fact being as above, I do not see anything illegal in Ext.P3 order passed by the 2nd respondent. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp