2025:KER:28339 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 40919 OF 2023 PETITIONER(S): THOMAS MATHEW AGED 67 YEARS S/O K.C THOMAS, KAIPPALLIL HOUSE, MUTTAMBALAM P.O, MUTTAMBALAM VILLAGE, KOTTAYAM DISTRICT, PIN - 686002 BY ADVS. PRAFIN JOSEPH ZACHARIA JOSEKUTTY MATHEW RESPONDENT(S): 1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 SUB DIVISIONAL MAGISTRATE REVENUE DIVISIONAL OFFICE, KOTTAYAM, PIN - 686001 3 P.L. MATHEW PAZHAYAPARAMBIL HOUSE, MUTTAMBALAM P.O, MUTTAMBALAM VILLAGE, KOTTAYAM DISTRICT, PIN - 686002 *ADDL.R4. THE SECRETARY, KOTTAYAM MUNICIPALITY, KOTTAYAM, PIN - 686001 *(IS IMPLEADED AS PER ORDER DATED 02-02-2024 IN IA 1/24 IN WP(C) 40919/2023. WP(C)No.40919/2023 2 2025:KER:28339 BY ADVS. SURIN GEORGE IPE AJIT JOY, SC, KOTTAYAM MUNICIPALITY OTHER PRESENT: SRI E G GORDEN SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)No.40919/2023 3 2025:KER:28339 JUDGMENT The petitioner, who is stated to be a neighbour of the 3rd respondent herein, has filed an application in relation to certain complaints with reference to the existence of a tree, a septic tank, etc., in the property of the 3rd respondent herein, which are stated to be causing nuisance to the petitioner herein. 2. The 2nd respondent, RDO, issued Ext.P4 under the provisions of Section 133 of the Cr.P.C., acting on the complaint filed as above. The captioned writ petition has been filed by the petitioner seeking implementation of the directions contained in Ext.P4 by the 2nd respondent herein. 3. Heard, Sri. Josekutty Mathew, the learned counsel for the petitioner, and Sri. Ajit Joy, learned counsel for the Kottayam Municipality, and Sri. Surin George Ipe, for the 3rd respondent herein. 4. The learned counsel for the 3rd respondent, Sri. Surin George Ipe, would point out that the petitioner herein WP(C)No.40919/2023 4 2025:KER:28339 had already instituted OS No.373/2021 against his client as well as the Municipality, and later, pursuant to a compromise, the matter has been settled as per decree dated 03.08.2023. The learned counsel for the petitioner, would admit that a suit has been filed as above against the 3rd respondent, however, adding that the suit was only with respect to the tree in question. Whatever that be, this Court notices that the petitioner herein has choose not to disclose the filing of the suit as above when filing the writ petition. Hence, I am of the opinion that the petitioner is not entitled succeed. 5. This Court also takes note of the submission made by Sri. Ajit Joy, the learned counsel for the Municipality, with reference to the counter affidavit dated 25.06.2024, which would point out that the Municipality has carried out inspection with respect to the property in question, and they found out that the various complaints raised by the petitioner does not exist. Resultantly, I am of the opinion that the petitioner WP(C)No.40919/2023 5 2025:KER:28339 is not entitled for any of the reliefs in this writ petition. The captioned writ petition would therefore stand dismissed. Sd/- HARISANKAR V. MENON JUDGE HKH/02.04.2025 WP(C)No.40919/2023 6 2025:KER:28339 APPENDIX OF WP(C) 40919/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DATED 24.06.2022 IN RDOKTM/K1/3179/20 EXHIBIT P2 TRUE COPY OF THE REPORT OF THE MUNICIPAL SECRETARY DATED 19.04.2022 EXHIBIT P3 TRUE COPY OF THE REPORT OF SAMPLE OF WATER TAKEN FROM THE WELL WAS SENT TO THE RUBBER BOARD CENTRAL LABORATORY DATED 31.05.2022 EXHIBIT P4 THE TRUE COPY OF THE ORDER IN RDOKTM/2170/22 DATED 08.02.2023 EXHIBIT P5 TRUE COPY OF THE COPY OF EXECUTION PETITION DATED 09.03.2023 EXHIBIT P6 TRUE COPY OF THE REMINDER/ REQUEST LETTER STATING THAT THE ORDER MAY BE EXECUTED DATED 18.05.2023 EXHIBIT P7 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C) NO. 3635/2020 DATED 07.10.2020 EXHIBIT P8 TRUE COPY OF THE LETTER FILED UNDER RIGHT TO INFORMATION ACT DATED 07.10.2023 EXHIBIT P9 PHOTOGRAPHS DATED 11.07.2024