W.P.(C) No.23367 of 2022 1 2025:KER:28178 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 23367 OF 2022 PETITIONER: C INDIRA DEVI,AGED 73 YEARS W/O LATE BALAKRISHNAN ,PARANKIMAMVILA KOONAYIL CHERRY, PARAVOOR VILLAGE, NEDUNGOLAM PO, KOLLAM-691 334 BY ADV M.RAJESH RESPONDENTS: 1 THE CHIRAKKARA GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, CHIRAKKARA PO, KOLLAM-691 578 2 THE SECRETARY CHIRAKKARA GRAMA PANCHAYATH ,CHIRAKKARA PO, KOLLAM-691 578 3 DISTRICT MEDICAL OFFICER , 2ND FLOOR, KOLLAM CIVIL STATION, CIVIL STATION PO, KOLLAM-691 013 4 AMBIKA VALSALAN ,AGED 55 YEARS ,W/O VALSALAN ANULALAYAM (MULAMOOTTIL VEEDU) NEDUNGOLAM PO KOLLAM (DIST)- 691 334 5 VALSALAN,AGED 57 YEARS ,S/O KARUNAKARAN, ANULALAYAM (MULAMOOTTIL VEEDU) NEDUNGOLAM PO KOLLAM (DIST)- 691 334 BY ADV Sasith M R OTHER PRESENT: SC- V VENUGOPALAN NAIR,GP- NIMA JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.23367 of 2022 2 2025:KER:28178 VIJU ABRAHAM, J. ................................................................. W.P.(C) No.23367 of 2022 ................................................................. Dated this the 1st day of April, 2025 JUDGMENT Petitioner has approached this Court seeking a direction to respondents 1 to 3 to take immediate steps to remove the illegally constructed cesspool in the property of respondents 4 and 5. 2. It is contended that petitioner is residing in 4 Ares of property situated in survey Nos.396/13-1 and 396/13-2 of Paravoor Village. The grievance raised by the petitioner is that respondents 4 and 5 have recently constructed a cesspool on the western side of their property very close to the existing well situated in the eastern side of the property of the petitioner, which is used for supply of water for human consumption and domestic purpose. It is contended that the said well is more than 50 years old. It is further contended that the distance between the existing well of the petitioner and the newly constructed cesspool in the property of respondents 4 and 5 is less than 7.5 metres. Thereupon Exts.P1 and P2 complaints were preferred. Alleging that no action has been taken that the present writ petition has been filed. Learned counsel for the petitioner submits that in Ext.P3 report of the Medical Officer, the 3rd respondent herein, it is specifically found that the W.P.(C) No.23367 of 2022 3 2025:KER:28178 distance from the well to the cesspool constructed by respondents 4 and 5 is less than 7.5 metres and if the cesspool is allowed to continue there is every chance for contamination of the well. 3. A statement has been filed by respondents 1 and 2, the local authority, stating that in the enquiry conducted on the basis of the complaint preferred by the petitioner it was found that respondents 4 and 5 have constructed a cesspool in their property within the prohibited distance from the well and without obtaining any permit from the 1st respondent Panchayat and accordingly notice was issued to the respondents 4 and 5 to demolish the said cesspool. It is also stated that though demolition notices were issued, no steps were taken by respondents 4 and 5 to comply with the said direction and since the writ petition is pending consideration, respondents 4 and 5 are waiting for the outcome of the same so as to further proceed with the matter. After hearing both sides, I am of the view that the pendency of the writ petition should not have been a reason for respondents 1 and 2 to take further action for removal of the cesspool constructed by respondents 4 and 5 which is within the prohibited distance and constructed without obtaining any permit from the 1st respondent Panchayat. Whatever that be, I am inclined to dispose of the writ petition with a direction to respondents 1 and 2 to see that the cesspool constructed by respondents 4 and 5 in violation of the relevant rules is W.P.(C) No.23367 of 2022 4 2025:KER:28178 removed without any delay, at any rate within an outer limit of one month from the date of receipt of a copy of the judgment with notice to respondents 4 and 5. Writ petition is disposed of as above. Writ petition is disposed of as above. Sd/- VIJU ABRAHAM JUDGE cks W.P.(C) No.23367 of 2022 5 2025:KER:28178 APPENDIX OF WP(C) 23367/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE COMPLAINT DATED 1.6.2022 PREFERRED BY THE PETITIONER BEFORE THE SECRETARY, CHIRAKKARA GRAMA PANCHAYATH Exhibit P2 THE TRUE COPY OF THE COMPLAINT DATED 1.6.2022 PREFERRED BY THE PETITIONER BEFORE THE DISTRICT MEDICAL OFFICER, KOLLAM Exhibit P3 THE TRUE COPY OF THE LETTER NO. 177/2024 DATED 20.06.2024 OF THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, CHITHARA ADDRESSED TO THE 3RD RESPONDENT