IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 32201 of 2003(H) ------------------------- PETITIONER : ------------------ CHELANNUR GRAMA PANCHAYATH, REP. BY ITS SECRETARY, CHELANNUR, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): ------------------------- 1. OMBUDSMAN FOR LOCAL SELF GOVERNMENT, INSTITUTION REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. BALAGOPALAN, MALERIMMAL HOUSE, PALATHA P.O., KAKKODI, KOZHIKODE. 3. ABDUL REHIMANKUTTY, PAYATTUPOYILIL VEEDU, PALATHA P.O., KAKKODI, KOZHIKODE. R2 BY ADVS.SRI.P.S.SREEDHARAN PILLAI SRI.K.B.SAJEESH SRI.P.GOPINATH SRI.C.S.SUNIL SRI.P.R.SREEJITH R3 BY ADV. SRI.R.RAMADAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 32201 of 2003(H) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER PASSED BY THE HON'BLE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM IN O.P.NO. 545/2002 DATED 16.9.2003. EXT.P2 : COPY OF THE BUILDING PERMIT APPLICATION AND SITE PLAN SUBMITTED BY THE 3RD RESPONDENT TO THE PANCHAYATH DT. 12.12.2000. EXT.P3 : COPY OF THE BUILDING PERMIT NO. 55/2001-2002 DATED 23.5.2001 ISSUED TO THE 3RD RESPONDENT BY THE SECRETARY OF CHELANNUR GRAMA PANCHAYATH. EXT.P4 : COPY OF THE BUILDING PERMIT APPLICATION AND THE SITE PLAN SUBMITTED BY THE 2ND RESPONDENT TO THE PANCHAYATH DATED 17.5.2002. EXT.P5 : COPY OF BUILDING PERMIT NO. 85/2002-2003 DATED 13.6.2002 ISSUED TO THE 2ND RESPONDENT BY THE PANCHAYATH. EXT.P6 : COPY OF THE COMPLAINT SUBMITTED BY THE 2ND RESPONDENT TO THE PANCHAYATH DATED NIL, RECEIVED BY THE PANCHAYATH ON 21.6.2002. EXT.P7 : COPY OF THE LETTER ISSUED BY THE SECRETARY OF THE PANCHAYATH TO THE 2ND RESPONDENT DATED 26.6.2002. EXT.P8 : COPY OF THE NOTICE ISSUED BY THE PANCHAYATH SECRETARY TO THE 2ND RESPONDENT DATED 19.7.2002. EXT.P9 : COPY OF THE REPLY SUBMITTED BY THE PANCHAYATH TO THE REVENUE DIVISIONAL OFFICER, KOZHIKODE DT. 28.10.2002. EXT.P10 : COPY OF THE NOTICE RECEIVED BY THE PANCHAYATH ON 30.4.2003 FROM THE 1ST RESPONDENT ALONGWITH THE COMPLAINT SUBMITTED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT. EXT.P11 : COPY OF THE REPLY SUBMITTED BY THE PEITIONER PANCHAYATH TO THE 1ST RESPONDENT DATED 8.5.2003. ..3/- WP(C).No. 32201 of 2003(H) -3- EXT.P12 : COPY OF THE REPORT OF THE JUNIOR HELATH INSPECTOR, PRIMARY HEALTH CENTRE, IRUVILLUR, DATED 16.10.2002 WHEN THE PANCHAYATH RECEIVED ALONG WITH EXT. P10 SERIES. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 32201 of 2003 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of October, 2010 J U D G M E N T The Chelannur Grama Panchayath is the petitioner in this writ petition. They are aggrieved by Ext.P1 order passed by the 1st respondent-Ombudsman For Local Self Government Institutions. The 3rd respondent obtained a building permit for construction of a residential building, a well and a latrine. That building permit was issued by Ext.P3 order dated 23.05.2001. The 3rd respondent submitted a completion certificate on 27.06.2002 and the Panchayath numbered the building on 20.07.2002. The 2nd respondent submitted an application for a building permit on 17.05.2002, which was granted on 13.06.2002, by Ext.P5 order. Subsequently, the 2nd respondent submitted a complaint to the 1st respondent complaining that, the septic tank of the 3rd respondent's latrine would pollute the water in the proposed well to be constructed by the 2nd respondent in his premises. Acting on that complaint, the 1st respondent-Ombudsman passed Ext.P1 order directing the 3rd respondent to shift his septic tank to another place and also W.P.(C)No. 32201 of 2003 -2- directing the Secretary of the Panchayath to pay costs of Rs.500/-. Challenging Ext.P1 order, the Panchayath has filed this writ petition. 2. The 3rd respondent had also filed W.P.(C) No.32951/2003 challenging the very same order which was disposed of by this court by judgment dated 20.12.2006 which reads as follows: “Petitioner is aggrieved by Ext.P3 order passed by the second respondent and consequential Ext.P2 action taken by the first respondent Though the petitioner is the affected party, it is fairly clear from the impugned Ext.P3 order that he was not given an opportunity for hearing and yet there is a direction to demolish the construction made by the petitioner which according to the petitioner is made in accordance with the approved plan. I quash Exts.P2 and P3. There will be a direction to the second respondent to consider Exts.P2 and P3 with notice to the petitioner and pass appropriate orders thereon, in accordance with law, within a period of three months from the date of production of a copy of this judgment.” In view of that judgment, no separate orders are necessary in this writ petition insofar as Ext.P1 has already been quashed. Accordingly this writ petition is disposed of in terms of the said judgment in W.P.(C) No.32951/2003. S. SIRI JAGAN JUDGE shg/