PAULOSE Vs. KUNNATHUNADU GRAMA PANCHAYATH

JUDGEMENT

(1.) Being aggrieved by the decision made in W.P.(C) No.7610 of 2016 dated 27.05.2019, by which writ court declined to quash Exhibit-P3 order dated 20.07.2015 issued by the Secretary, Kunnathunadu Grama Panchayat, Kunnathunadu, Kumarapuram P.O., Ernakulam district, respondent No.2, directing the writ petitioner to close the Well, instant appeal is filed.

(2.) Short facts leading to the appeal are that,- Writ petitioner is the owner of 1.97 Ares of land with a residential building covered by Exhibit-P1 settlement deed No.5271/1998 dated 29.12.1998 registered in the office of Sub Registrar, Puthencruz. Vide Exhibit-P3 order dated 20.07.2015, the Secretary, Kunnathunadu Grama Panchayat, respondent No.2, directed the writ petitioner to fill up the Well in the petitioner's property stating that the Well was dug up by not keeping the required distance from the property of respondent No.3. Respondent No.3 has also filed W.P.(C) No.4693 of 2016 seeking for a writ of mandamus directing respondent Nos.1 and 2 to implement order dated 20.07.2015 issued by the Secretary, Kunnathunadu Grama Panchayat, Kunnathunadu, Kumarapuram P.O., Ernakulam district, respondent No.2. As both the writ petitions relate to an issue as to whether the Well was dug up contrary to Rules 91 and 92 and Chapter XIV of the Kerala Panchayat Building Rules, 2011, the writ petitions were taken up together and disposed of by common judgment.

(3.) On the materials and with reference to Chapter XIV of the Kerala Panchayat Building Rules, 2011, which deal with Wells, in particular, Rules 91 and 92 of the said Rules, writ court observed that as per the mandate of Rule 92, a set back of 1.50 meters from the boundary has to be maintained to dig a Well. Writ court also recorded that the specific finding in Exhibit-P3 order dated 20.07.2015 issued by the Secretary, Kunnathunadu Grama Panchayat, Kunnathunadu, Kumarapuram P.O., Ernakulam district, respondent No.2, that the petitioner in W.P.(C) No.7610 of 2016/appellant herein has dug up a Well without keeping the statutory distance from the boundary of the property of respondent No.3 has not been disputed. Writ court also observed that no materials were placed on record to show that the said finding in Exhibit-P3 order was actually incorrect. By stating so, writ court held that no interference is warranted in Exhibit-P3 order dated 20.07.2015 and further observed that the said order requires implementation at the hands of the Grama Panchayat. Thus, W.P. (C) No.7610 of 2016 has been dismissed.