SAID MUHAMMAD M M Vs. VAZHAKKULAM GRAMA PANCHAYATH

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P6 order passed by the Secretary of the 1st respondent Grama Panchayat dated 16.11.2016, directing the petitioner to demolish a latrine situated close to the residential property of the 3rd respondent, and for other related reliefs. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is the owner of a building bearing No.18/107 A to E situated within the limits of the 1st respondent Panchayat. The land along with an old building was purchased by the petitioner. Thereafter, petitioner secured Ext.P1 building plan. Though in the approved plan a septic tank and soak pit were included, petitioner did not construct the same as there existed a toilet and tank on the back side of the property. It is the case of the petitioner that, the same was in existence for a very long time and petitioner carried out necessary repair works and has been using the same since he purchased the land. A rough sketch is produced as Ext.P1(a).

(3.) The 3rd respondent is the owner of the property lying on the north and western side of the petitioner's property and the septic tank in the 3rd respondent's property is situated on the north-western side of the petitioner's land. It is also pointed out that, the residential building of the 3rd respondent is situated at a distance of more than 40 metres from the toilet remaining in the petitioner's property. While the construction was going on, 3rd respondent raised an objection regarding the proposed toilet and her demand was that the same shall not be constructed on the eastern side of the building. Accordingly, petitioner undertook that it will not be constructed on the eastern side of the property. Therefore, petitioner decided to retain the old toilet, and carried out necessary repairs and modifications to the same.