IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 WP(C).No. 14111 of 2009(H) --------------------------------------- PETITIONER: ------------------- N.VIJAYAN, GOKULAMANDIRAM, KADAMKULAM, NEELESWARAM P.O., KOTTARAKARA. BY ADV. MR.ALEXANDER GEORGE. RESPONDENTS: ------------------------ 1. KOTTARAKKARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KOTTARAKARA. 2. THE MEDICAL OFFICER, P.H.CENTRE, NEDUMANKAVU, KOTTARAKARA. 3. THANKAMANI, SREEKALA BHAVANAM, NEELESWARAM P.O., KOTTARAKARA. R2 BY GOVT. PLEADER MR. MATHEW VADAKKAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.14111 of 2009-H = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 23rd day of May, 2009. JUDGMENT 1.Learned Government Pleader appears for respondent No.2. Notice to respondents 1 and 3 dispensed with preserving their right to move for review of this judgment, if aggrieved. 2.The petitioner objected to the construction of a toilet by the third respondent. Ext.P2 shows that the second respondent had issued a notice. Ext.P3 shows that the first respondent panchayat had issued a notice. In spite of those notices, the third respondent was apparently disobeying the directions of the panchayat. Hence, Ext.P4 is also shown to have been issued. The complaint of the petitioner is that in spite of all these WP(C)14111/09 -: 2 :- actions, the third respondent has not removed the toilet and is continuing to use it. The petitioner also states that the connection from the toilet in question to the septic tank was removed by the panchayat and the third respondent has reconnected it. Without expressing anything on merits, respondents 1 and 2 are directed to look into the complaint of the petitioner, take appropriate action in accordance with law and do the needful to ensure that the laws are scrupulously obeyed and are not, in any manner, violated. Positive action taken or decision rendered on finalization of proceedings shall be filed before the Registrar General of this Court in the form of a report by the Secretary of the first respondent panchayat within a period of 45 days from now. It is clarified that this judgment does not express anything on the merits of the rival contentions between the parties. The petitioner will produce a copy of this judgment and a copy WP(C)14111/09 -: 3 :- of the writ petition before respondents 1 and 2. The writ petition is ordered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/260509