The appellant appealed the decree prohibiting latrine construction within 15 metres of a well due to statutory violation and permit conditions. The Supreme Court found no merit in the appeal as the well construction began earlier than the latrine, ordering the appeal dismissed.
No order as to costs.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.BHAVADASAN
FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932
SA.No. 740 of 1997()
-----------------------------AS.70/1995 of ADDL. DISTRICT COURT, THALASSERY OS.145/1994 of MUNSIFF COURT,KANNUR ....................
APPELLANT(S): APPELLANT-IST DEFENDANT
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VALLUVA PUTHAN VEETTIL PRASANNA, W/O. PUTHAN VEETTIL JABBAR, AZHIKODE AMSOM AND DESOM, KANNUR TALUK, KANNUR DISTRICT.
BY ADV. SMT.SANGEETHA S.KAMATH
RESPONDENT(S): RESPONDENTS/PLAINTIFF AND D2
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1. ARAYAKANDI NARAYANI, W/O. KUNHIKANNAN, ARAYAKANDI HOUSE, AZHIKODE AMSOM AND DESOM, KANNUR TALUK, KANNUR DISTRICT.
2. THE SPECIAL GRADE EXECUTIVE OFFICER, AZHIKODE PANCHAYATH, AZHIKODE, KANNUR TALUK, KANNUR DISTRICT.
ADV. SRI.V.N.RAMESAN NAMBISAN
SRI.V.R.KESAVA KAIMAL SRI.N.M.MADHU SRI.C.KRISHNAN
THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
P.BHAVADASAN, J.
S.A. No.740 OF 1997
Dated this the 16th day of July, 2010
JUDGMENT
Dispute in this case relates to the construction of a latrine. The 1st defendant in O.S.No.145 of 1994 before the Munsiff's Court, Kannur is the appellant herein. The grievance of the plaintiff in the suit is that a latrine is being constructed by the 1st defendant within 15 metres of the well of the plaintiff. Therefore possibility of causing water pollution in the well is imminent. Even though plaintiff had moved the authorities concerned, she could not get any relief. Therefore she approached this Court.
2
S.A. No.740 OF 1997
3
S.A. No.740 OF 1997
No grounds are made out to interfere the judgment and decree of the court below. This appeal is without merits and is accordingly dismissed. There will be no order as to costs.
P.BHAVADASAN, JUDGE.
mns
1 issue framed by the court
Whether the appeal against the decree prohibiting latrine construction within 15 metres of a well has any merit.
Valluva Puthan Veetil Prasanna
Arayakandi Narayani
The Special Grade Executive Officer, Azhikode Panchayath
P. Bhavadasan
As recorded by the court registry
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