ANIL KUMAR Vs. SECRETARY NILAMBUR MUNCIPALITY

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner, learned counsel appearing for respondents 1 and 2 and the learned counsel appearing for the 4th respondent. Despite service of notice, there is no appearance or representation on behalf of the 5th respondent.

(2.) PETITIONER submits that he is a farmer cultivating paddy in 2 acres of agricultural land comprised in Sy.Nos.92/141/5 and 92/141/31 of Nilambur Village. The property is situated on the western side of a road by name Kalimuthappan Road. On the eastern side of the road, the 5th respondent owns a plot of land and on the south of his property, the 4th respondent owns a plot of land. In the property of the 4th respondent, he has constructed a house and according to the petitioner, because of the lie of the properties, the rain water from the 5th respondent's property was flowing towards the southern thodu through the property of the 4th respondent.

(3.) IT appears that on account of the complaints received from respondents 4 and 5 of water logging in their properties, the Panchayat issued a notice to the petitioner and required the opening of the pipe that was closed. That issue was carried in appeal before the Committee of the Panchayat and according to the petitioner, the appeal is pending. In the meantime, the 4th respondent approached this Court by filing WP(C) No. 9088/12 and seeking an order for the opening of the pipe mentioned above. That writ petition was disposed of by Ext.P5 judgment directing that the Secretary of the Municipality will inspect the property and if there is any substance in what the 4th respondent contends, the blockage shall be removed. It is to be noticed that in that writ petition, the petitioner herein was not impleaded as a respondent.