VARGHESE M.L. Vs. MELUR GRAMA PANCHAYATH

JUDGEMENT

(1.) The case set up in this Writ Petition (Civil) is as follows:- The 1st petitioner is the resident of Melur Grama Panchayat in Ward No.11 who is residing adjacent to the property of the 7th respondent and the 2nd petitioner runs a palliative care centre with several aged people as inmates in the vicinity of the 7th respondent's premises situated at Ward No.11 of Melur Grama Panchayat. The 3rd petitioner is an activist organization engaging in various social causes for the benefit of the public. The 2nd petitioner is the Secretary of the 3rd petitioner organization. The writ petition has been filed aggrieved by the inaction of the respondent nos. 1 to 3 against the illegal storing of chicken and animal manure in the property owned by the 7th respondent causing nuisance to the petitioners. The 7th respondent is bringing large quantities of animal and bird manure from Tamil Nadu and dumping and stocking the same in his property situated behind the Melur Mullanpara Higher Secondary School in huge lorries. The manure being brought is sold as fertilizer from his property. The manure is causing widespread stench and discomfort. With the onset of monsoon the manure is decaying even more and there is fear of break out of diseases. The 7th respondent's action is causing environmental pollution and health problems. Inspite of several complaints made by the petitioners and the strict directions given by various authorities including the 1st and

(2.) nd respondents, the 7th respondent has been continuing his activities in utter defiance of law especially during lockdown. The inaction of the respondent nos.1 to 6 to fully stop the illegal activities of the 7th respondent results in abdication of duty and violation of rule of law. This kind of arbitrary and unreasonable abdication of duty violates Article 14 guaranteed by the Constitution of India. The petitioners no.1 and 2 have right to health guaranteed under Article 21 the Constitution of India and to enjoy property guaranteed under Article 300A the Constitution of India. This right of the petitioners have been infringed due to the inaction of the respondent nos. 1 to 6 to fully stop the activities of the 7th respondent.

(3.) The complaint of the petitioners is that the contesting respondent No.7 is illegally storing chicken and animal manures in the property causing serious pollution and hygiene issues to the petitioners and the other persons in the locality. That the 7th respondent has been bringing large quantities of such animal and bird manure from Tamil Nadu and dumping and stocking the same in his property situated behind the Higher Secondary School concerned in huge lorries and that the said manure so brought is sold as fertiliser from the said location, which is causing wide spread stench and foul smell and discomfort. Further that, after the heavy monsoon rains, the manure has started decaying even more and there is fear of break out of diseases, etc. That the petitioners have initially preferred a complaint dated 24.04.2020 before the 2 nd respondent-Secretary of the Grama Panchayat (referred to in the subject matter of Ext.P-2 letter) for taking effective action in the matter. Further that the District Collector has also issued directions in the matter to the 2nd respondent to take action in the matter, as can be seen from Ext.P-3 letter dated 28.04.2020. Though direction has also been issued by the 2 nd respondent to the contesting respondent No.7 as per Ext.P-4 letter dated 02.05.2020, he is still continuing the activity. Ext.P-5 is the report dated 02.05.2020 submitted by the Medical Officer concerned to the 2nd respondent-Secretary of the Gama Panchayat, etc. Further that the 3 rd respondent- Environmental Engineer of the Kerala State Pollution Control Board had issued Ext.P-7 letter dated 12.05.2020 to the contesting respondent No.7, etc.