ABDUL VAHEED Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The case set up in this Writ Petition (Civil) is as follows: The petitioner is residing in a property having an extent of 1 Acre 4 cents in Pullampara Grama Panchayat. On the southern side of the petitioner's property is Mangod-Palamkonam Panchayat road. In other words, the petitioner's property is on the northern side of the above road. Ext.P1 rough sketch amply illustrates all the aspects. There are residents on the southern side. The same is also amply discernible from Ext.P1 sketch. Filth and waste water from the houses of the resident of the southern side gets accumulated on the aforementioned road which is turn flows into the petitioner's property reaching his door steps. The water in the well of the petitioner's property has been contaminated. The petitioner's property is lying at a lower level and the properties on the southern side are at higher level. It is a steep slope resulting in the petitioner's property lying at a lower level. Thus filthy water along with the water due to the onset on monsoon flows into the petitioner's property like a river. Ext.P4 report submitted by the Health Inspector amply substantiates the contention of the petitioner. The same also amply illustrates the health hazards. The health Inspector has categorically stated about the construction of a drainage. So far nothing has materialized. The petitioner and his family members are living in extreme health hazards. All the aspects have clearly been setforth in the writ petition.

(2.) Heard Sri. B.Krishna Mani, the learned counsel appearing for the petitioner, and Sri.K.J.Manu Raj, the learned Government Pleader appearing for the respondent nos. 1 and 2. In the nature of the orders proposed to be passed in this petition, notice to the 3 rd respondent-Secretary of Pullampara Grama Panchayat, will stand dispensed with.

(3.) According to the petitioner, he has submitted representation/petition as early as on 14.06.2019 seeking for grievance on account of the accumulation of filth and waste water from the houses of petitioner's neighbours, as petitioner's property is on a lower level compare to the other properties etc., that the 3 rd respondent had then conducted a inspection through the Medical Officer of the Grama Panchayat who has given Ext.P5 report given to him as can be seen from Ext.P4 and P5. From a reading of Exts.P4 and P5 it is seen that the Health Officer as recommended therein that measures should be taken to construct a drainage system or otherwise the present problem would be recurring leading to water logging etc.