GIGI VARGHESE Vs. VILLAGE OFFICER

JUDGEMENT

(1.) As Kerala steps into a new academic year this June, our newspapers are filled not only with stories of hope but with heartbreaking reports of school-going children and even elders dying from snake bites almost every day. One of the major man- made causes is vacant, unattended residential plots in residential areas choked with wild vegetation and tall grass, which are silently turning into ideal breeding grounds for snakes. When such negligence begins to cost human lives, the issue is no longer a mere nuisance but a public safety emergency. In such a situation, who must act and how soon? In such situations, I am of the considered opinion that the jurisdictional Grama Panchayat has a major role to abate such nuisances. If a vacant plot, which is completely overgrown with vegetation and wild grass, transforms it into a breeding ground for venomous snakes and the same becomes a threat to the life of the residents of nearby houses, whether the Panchayat can wash its hands without doing anything, saying that the property owner is not identified, is the point to be decided in this case. The prayers in this Writ Petition (C) are as follows:

(2.) The Petitioner is residing along with his elderly parents at Mavelikkara, Alappuzha District. Immediately adjacent to their residence lies an abandoned plot, completely overgrown with vegetation and wild grass, and as I mentioned earlier, it is a dangerous breeding ground for venomous snakes. This creates a constant and imminent threat to the lives of the petitioner and his vulnerable family. To abate the same, the petitioner submitted the grievance through the Chief Minister's portal, as evident from Ext.P1, which was forwarded to the 2nd respondent, the Grama Panchayat. Although the panchayat's inquiry confirmed the public nuisance, it informed the petitioner by Exts.P2 and P3 that, they could not identify the owner and requested the 1 st respondent, the Village Officer, to provide the ownership details from the revenue records. Despite the gravity of this situation, the 1 st respondent failed to provide the details as far as the serious threat to the life of the petitioner and his parents is concerned, is the grievance. Hence, this writ petition.

(3.) Heard the counsel for the petitioner and the Government Pleader. Even though notice is issued to the Panchayat, there is no appearance for the Panchayat.