IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 WP(C).No. 23821 of 2010(C) -------------------------- PETITIONER(S): --------------- A.A.THOMAS, ERUTHIKKAL HOUSE ETTICHUVADU PO, ANGADI,RANNI,PATHANAMTHITTA. BY ADV. SRI.JACOB P.ALEX RESPONDENT(S): --------------- 1. RANNY ANGADI GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY ANGADI PO, RANNY PATHANAMTHITTA. 2. SECRETARY RANNY ANGADI GRAMA PANCHAYATH RANNY PATHANAMTHITTA. 3. MEDICAL OFFICER, PRIMARY HEALTH CENTRE RANNY ANGADI, RANNY PATHANAMTHITTA 4. P.T.ABRAHAM, PALANIKUNNATHIL HOUSE, ETTICHUVADU PO ANGADI, RANNI, PATHANAMTHITTA GOVERNMENT PLEADER, SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.23821/2010-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 30th day of July, 2010 J U D G M E N T The petitioner is aggrieved by the inaction on the part of respondent Nos.1 and 2 in taking appropriate action to prevent nuisance due to the discharge of waste from the property of the fourth respondent. The petitioner's complaint is dated 21/05/2010 which is produced as Ext.P1. This was submitted to the Health Inspector of the Panchayat. He conducted a spot inspection and prepared a report as per Ext.P2. It is pointed out that certain directions have been issued to the fourth respondent, but still the fourth respondent is not taking any action to comply with the same. Thereafter, the petitioner has submitted Ext.P3 immediately to intervene into the matter and to prevent further nuisance and to provide a safe environment for the petitioner and his family to reside in the property. 2. Heard the learned Government Pleader appearing for the third respondent. 3. The learned counsel for the petitioner submitted that the Panchayat is having sufficient power under Section 239 of the Act to prevent committing of waste from the cattle shed of the fourth respondent. W.P.(C). No.23821/2010 -:2:- 4. There will be a direction to respondent Nos.1 and 2 to take appropriate action on the representation filed by the petitioner by Ext.P3, after conducting due enquiry in the matter and with notice to the fourth respondent within a period of one month from the date of receipt of a copy of this Judgment. The petitioner will produce a copy of the writ petition along with a copy of this Judgment before the Panchayat for compliance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE