Kerala High Court
Vijayalakshmi vs Guruvayur Municipality on 9 November, 2021
Author: Anu Sivaraman
Bench: Anu Sivaraman
WP(C) NO. 24525 OF 2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
WP(C) NO. 24525 OF 2021
PETITIONERS:
1 VIJAYALAKSHMI
AGED 73 YEARS
W/O.LATE SIVA SANKARAN, 'GEETHANJALI', PARUVAKKAT
HOUSE, WEST NADA, GURUVAYUR P.O., PIN 680 101
2 ANANDAVALLY V.
AGED 69 YEARS
W/O.LATE MADHAVAN KUTTY, 'MADHAVAM', PARUVAKKAT
HOUSE, WEST NADA, GURUVAYUR P.O., PIN 680 101
3 RAJESH V.
AGED 51 YEARS
S/O.LATE SIVA SANKARAN, 'SOUPARNIKA', PARUVAKKAT
HOUSE, WEST NADA, GURUVAYUR P.O., PIN 680 101
4 MAHIMA RAJESH V.
AGED 43 YEARS
W/O.RAJESH V., 'SOUPARNIKA', PARUVAKKAT HOUSE, WEST
NADA, GURUVAYUR P.O., PIN 680 101
BY ADVS.
K.R.VINOD
M.S.LETHA
V.KRISHNA BINDU
RESPONDENTS:
1 GURUVAYUR MUNICIPALITY
REP.NBY ITS SECRETARY, EAST NADA,
GURUVAYUR, PIN 680 101
2 THE SECRETARY
GURUVAYUR MUNICIPALITY, EAST NADA,
GURUVAYOOR, PIN 680 101
3 THE HEALTH OFFICER
GURUVAYUR MUNICIPALITY, EAST NADA,
GURUVAYOOR, PIN 680 101
WP(C) NO. 24525 OF 2021
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4 THE STATION HOUSE OFFICER
GURUVAYUR TEMPLE POLICE STATION,
GURUVAYUR, PIN 680 101
5 SATHYAN
AGED 55 YEARS
"SATHYA INN', WEST NADA, GURUVAYUR, PIN 680 101
6 SAHADEVAN
AGED 55 YEARS
'HOTEL KRISHNA', 15/255-1, ALIL HOUSE, BLANGAD,
CHAVAKKAD, PIN 680 506
APPU.P.S-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 24525 OF 2021
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JUDGMENT
This writ petition is filed seeking the following prayers:
"(i) To issue a writ of mandamus directing the respondents No.1 to 3 take immediate steps to prevent the illegal flowing of waste water and septic tank sediments into the properties and pathway owned by the petitioners forthwith and in the event of continuing the aforesaid illegalities by the respondents No. 5 & 6, necessary steps to be taken to cancel or suspend the D&O License issued in favour of the respondents No.5 & 6 within a time frame.
(ii) Issue a writ of mandamus directing the 4 th respondent to take necessary penal actions against the respondents No. 5 & 6 in respect to their continuing mischief of flowing of waste water and septic tank sediments into the properties and private road owned by the petitioners and further direct him to take immediate steps to stop their continuing nuisance of the respondents No. 5 & 6 as aforesaid, forthwith."
2. Heard the learned counsel for the petitioners, the learned standing counsel for respondents 1 to 3 as well as the learned Government Pleader. In view of the directions being issued, notice to respondents 5 and 6 is dispensed with.
3. It is submitted by the learned counsel for the petitioners that the petitioners are residents of the 1st respondent Municipality. It is WP(C) NO. 24525 OF 2021 4 submitted that respondents 5 and 6, who are conducting a hotel and lodge near the residential property of the petitioners, are discharging waste water and septic tank sediments into the pathway in front of the petitioners' property. The learned counsel for the petitioners submits that several representations have been submitted before the respondents, but no steps are taken. The petitioners have preferred Ext.P6 representation before the 2nd respondent and seeks a consideration thereof and the issuance of urgent orders to abate the nuisance.
4. Having heard the learned standing counsel appearing for the respondents also, I am of the opinion that emergent steps are liable to be taken on the representation preferred by the petitioners. Without expressing any view on the merits of the matter, there will be a direction to the 2nd respondent to take up Ext.P6 representation and to consider and pass orders on the same, after hearing the petitioners as well as respondents 5 and 6 and any other affected parties, through any appropriate means, including video conferencing. In case the WP(C) NO. 24525 OF 2021 5 allegations made by the petitioners are found to be correct, appropriate remedial action shall be taken by the 2nd respondent, in accordance with law, within a period of three weeks from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE NP WP(C) NO. 24525 OF 2021 6 APPENDIX OF WP(C) 24525/2021 PETITIONERS' EXHIBITS:
Exhibit P1 THE PHOTOGRAPHS SHOWING THE FLOWING OF WASTE WATER INCLUDING THE SEPTIC TANK SEDIMENTS INTO THE PRIVATE ROAD BELONGING TO THE PETITIONERS Exhibit P2 THE NEWS ITEM SEEN REPORTED IN KERALA KAUMUDI DAILY DATED 30.10.2021 WITH RESPECT TO THE AFORESAID FLOWING OF WASTE WATER AND SEPTIC TANK SEDIMENTS Exhibit P3 THE COPY OF NEWS ITEM REPORTED IN OTHER NEWSPAPERS Exhibit P4 THE COPY OF NEWS ITEM REPORTED IN OTHER NEWSPAPERS Exhibit P5 THE COPY OF NEWS ITEM REPORTED IN OTHER NEWSPAPERS Exhibit P6 THE COPY OF THE WRITTEN COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT DATED 20.8.2021 Exhibit P7 THE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE 4TH RESPONDENT DATED 27.10.2021, RECEIVING THE COMPLAINT LODGED BY THE WIFE OF THE 3RD PETITIONER RESPONDENTS' EXHIBITS: NIL