IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 WP(C).No. 8977 of 2008(R) ------------------------- PETITIONER: ------------ P.DIVAKARAN ,S/O. AYYAPPAN KUTTAKULANGARA, SASTHAPURI HOUSE KUNDAYITHODU P.O., KOLATHARA, CHERUVANNUR VILLAGE KOZHIKODE 673 027. BY ADV. SRI.VINOD SINGH CHERIYAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY,DEPART OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. CHERUVANNUR NALLALAM GRAMA PANCHAYATH REPRESENTED BY SECRETARY,P.O. KOLATHARA, CHERUVANNUR VILLAGE, KOZHIKODE 673 027. 3. M.MOHANALAKSHMI, W/O. RAJKUMAR, RAJ BHAVAN, (MANGATTU HOUSE) KUNDAYITHODU P.O.,KOLATHARA, CHERUVANNUR VILLAGE, KOZHIKODE BY G.P. SRI.MUHAMMED ANZAR BY ADV. SRI.C.P.MOHAMMED NIAS (R2) SRI.SRINATH GIRISH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2008, ALONG WITH WPC NO. 33685 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NOS. 33685/2007 & 8977 of 2008 ---------------------------------- Dated this the 8th day of April, 2008 JUDGMENT Having considered the averments in these writ petitions and the submissions addressed by the learned counsel appearing for the parties, I am of the view that both these writ petitions can be disposed of issuing the following directions; i). The first respondent Panchayat in W.P.(C) No.33685/2007 will conduct further inspection of the leach pit claimED to have been constructed by the petitioner in W.P.(C) No.33685/2007 on the front side of his building in the presence of the petitioners in both the cases. ii). The Panchayat will also ensure during the said inspection that the leach pit constructed by the petitioner which was objected to by the petitioner in W.P.(C) 8977/2008 has been closed down by the petitioner in W.P.(C) No.33685/2007. WPC No.33685/2007 2 Iii). If the inspection reveals that the leach pit constructed on the front side of the building of the petitioner in W.P.(C) No.33685/2007 is in accordance with the Rules, the Panchayat will grant permission to the petitioner for operating the said leach pit. iv). The Panchayat will ensure compliance with the above directions at the earliest and at any rate within three weeks of receiving a copy of this judgment. PIUS C. KURIAKOSE JUDGE dpk