IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 33099 of 2004(M) -------------------------------------------- PETITIONER: --------------------- SWAMI GAUDAPADANANDA PURI, AGED 55, S/O. KUNHIRAMAN PILLAI, SREE VIVEKANANDA YOGA VEDANTA ASHRAMAM, VIVEKANANDAPURAM PACHA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS: ------------------------ 1. THE NANNIYODU GRAMA PANCHAYATH, REPRESENTED BY THE SECRETARY, NANNIYODU GRAMA PANCHAYATH 2. THE SECRETARY, NANNIYODU GRAMA PANCHAYAT. 3. THE DISTRICT MEDICAL OFFICER, OFFICE OF DISTRICT MEDICAL OFFICER, THIRUVANANTHAPURAM. 4. SANAL KUMAR, MANAGER, S.K.V.HIGH SCHOOL VIVEKANANDAPURAM, PACHA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.G.S.REGHUNATH FOR R1,2 GOVERNMENT PLEADER SRI. BENJAMIN PAUL, FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR, J ========================= W.P.(C).No. 33099 OF 2004 ========================= Dated this the 18th day of July, 2008. J U D G M E N T The petitioner is the Director of Sri. Vivekananda Yoga Vedanta Ashramam. Yoga classes are taken in the Ashramam in the morning and evening. There is a pathway leading to that Ashramam which runs through the side of the S.K.V. High School, managed by the 4th respondent. Waste generated when the students take lunch in the school, are dumped in the said pathway. The school has not constructed any urinal for the boys studying in the school. Therefore, they are using the pathway as their urinal. The petitioner submits that under the provisions of Chapter XX of Kerala Panchayath Raj Act, the Panchayath has got a duty to collect solid waste and dispose of the same. The owners of the premises generating solid waste have also some obligations. It is also pointed out that the 4th respondent is bound to maintain a urinal for the boys in the school. Because of the omission of the 4th respondent as also of the Panchayath, the petitioner is suffering irreparable injury. So he has filed Ext.P1 W.P.(C).No. 33099 OF 2004 2 representation before the Grama Panchayath and Ext.P2 before the District Medical Officer, Thiruvananthapuram. Thereafter, the writ petition is filed seeking appropriate reliefs. The 1st respondent-Panchayath and the 3rd respondent- District Medical Officer are directed to consider and pass orders on Exts.P1 and P2 in accordance with law, if they are pending without disposal even now, after affording an opportunity of being heard to the petitioner and the 4th respondent within two months from the date of receipt of a copy of this judgment. If the contentions of the petitioner are correct, needless to say, steps should be taken to redress his grievance by the said respondents. K.BALAKRISHNAN NAIR, JUDGE bkn/- W.P.(C).No. 33099 OF 2004 3