VELAYUDHANKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The case set up in this WP(c) is as follows: That the petitioner and his wife Smt.Lathakumari are in absolute title possession and enjoyment of

(2.) 57 Ares and 2.46 Ares of property comprised in Sy.No:258/12-2 in Block No:18 in Thandaper No:15397 and 22720 of Elamballur Village, they constructed a residential building in the above property bearing Door No:VIII/480 of Elamballur Grama Panchyath, Ext.P1 is the Tax Receipt. The respondents 7 and 8 are residing on the western side of the petitioner's property having access to Radio Junction in the Panchayath Raod proceeding to Perumpuzha from Valamkottu to Kelamvila junction via Kalluvilamoola Road in Elamballur Village. The respondents 7 and 8 encroached the above Panchayath Road constructed a Bathroom, it projected on the southern side of the Panchayath raod, flowing waste and contaminated water from the Bathroom to the Panchayath Road and rain water from the property, causing nuisance and tremendaous health hazardous to the public and the petitioner, destroyed the above panchayath road used by the public and the petitioner, the Respondents 5 and 6 reluctant to conduct repair works in the Panchayath Road upon the influence of the Respondents 7 and 8, despite the fact that the remaining portion of the above Panchayath Raod has already been repaired by the Panchayath, the petitioner along with the 65 persons residing in Ward No:VIII and IX filed mass complaint before the 5 th Respondent on 28/11/2018 and other Statutory Authorities requesting to take necessary steps to remove and demolish the construction of the Bathroom encroached by the Respondents 7 and 8 in the Panchayth Road and prevent the waste water and the rain water flowing from the property and to conduct the repairing works in the remaining portion of the Panchyath Road. The respondents 1,2 and 4 issued Ext.P4, P5, P7, P9 and the Human Rights Commission issued Ext.P10 directing the Respondents 5 and 6 to implement the above orders. The respondents 2, 5 and 6 are the Statutory Authorities under the Kerala Panchayath Raj Act 1994, the Kerala Panchayath Raj, (Procedure for Convening and Conducing the Meeting of Grama Sabha) Rules 1995, the Kerala Panchayath Raj (Procedure for Panchayath Meeting Rules) 1995, the Kerala Panchayath Raj (Removal of Encroachment and imposition and recovery of Penalty of Unauthoriszed occupation) Rules 1996. Despite after receipt of the above documents, the Respondents 2,5 and 6 have not taken any steps to implement the directions and reluctant to take action against the Respondents 7 and 8 and to remove the construction of the Bathroom encroached by the Respondents 7 and 8 in the Panchayath Road and to remove the flow of Waste Water from the Bathroom and the rain water flow from the property to the Panchayath Road and is unduly delaying the matter by stating reason one by another, the interference of this Court is absolutely necessary in order to secure the ends of justice. 2. It is in the light of these averments and contentions that the petitioner has filed this instant WP(C) with the following prayers.

(3.) Heard Sri. B. Mohanlal, learned counsel appearing for the petitioner, Sri.M.R. Sasith Panicker, learned standing counsel appearing for Emballoor Gramapanchayat, appearing for R5 and R6 and Sri. K.J.Manuraj, learned Government Pleader appearing for official respondents 1 to 4. In the nature of the orders proposed to be passed to the petitioner, notice to contesting respondents 7 and 8 will stand dispensed with.