ELSY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has filed the writ petition seeking to command the respondents 2 and 3 not to construct any public urinals or any comfort station adjacent to the property of the petitioner, as is proposed to be done now. The petitioner further seeks to command the 1st respondent to cause an enquiry to be made, if found necessary for the illegal act and proposal of respondents 2 and 3 in deserting an existing comfort station and proposing to have a new one.

(2.) The petitioner states that on eastern side of the property of the petitioner is the private bus stand run by the 2nd respondent-Mattathur Panchayat. Earlier, the Panchayat constructed urinal and latrine at a distant place within the bus stand premises. The said urinal and latrine building is in a neglected stage.

(3.) To the predicament of the petitioner, the Panchayat is now going to construct a new urinal and latrine building close to the compound of the petitioner. The petitioner states that the proposed building would breach the distance rule since construction is proposed by the side of a drinking water source. Respondents 2 and 3 are compellable to maintain the existing urinals and other washroom facilities and to abandon the new proposal.