Petitioners challenged the construction of a public latrine near their property alleging mala fides. The court rejected the claim finding public interest overrides private hardship and dismissed the petition.
The writ petition was dismissed. No costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 4TH DAY OF OCTOBER 2016/12TH ASWINA, 1938
WP(C).No. 10605 of 2009 (U)
PETITIONER(S):
1. RANI ABEY VARGHESE, W/O.ABEY VARGHESE, AGED 43 YEARS, RESIDING AT PONNATHIL, AKG NAGAR ROAD, PEROORKADA, THIRUVANANTHAPURAM.
2. SATHEESH, S/O.SAHADEVAN, AGED 42 YEARS, SATHEESH BHAVAN, AYIRIKKODE, MYLAM, CHERIYAKONNI, THIRUVANANTHAPURAM.
BY ADVS.V.SURESH SRI.G.SUDHEER
RESPONDENT(S):
1. VATTIYOORKAVU GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE, VATTIYOORKAVU, THIRUVANANTHAPURAM.
2. PUBLIC HEALTH OFFICER, VATTIYOORKAVU GRAMA PANCHAYATH, THIRUVANANTHAPURAM.
R1 BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR R2 BY GOVERNMENT PLEADER SMT.VINEETHA HARIRAJ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 10605 of 2009 (U)
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 : TRUE COPY OF TAX RECEIPT NO.18658 DATED 21.8.08 ISSUED BY THIRUVANANTHAPURAM CORPORATION OF THE 1ST PETITIONER. EXHIBIT P2 : TRUE COPY OF THE RECEIPT FOR LICENCE FEE AND CHARGE DATED 19.11.08 ISSUED BY THIRUVANANTHAPURAM CORPORATION OF THE 2ND PETITIONER. EXHIBIT P3 : TRUE COPY OF THE REPRESENTATION DATED 24.3.09 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: EXHIBIT R1(a): TRUE COPY OF THE RESOLUTION NO.1/19 DATED 20.2.2009. //TRUE COPY//
P.S. TO JUDGE
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K. Vinod Chandran, J
--------------------------------------W.P(C) No.10605 of 2009-U
Dated this the 04th day of October, 2016
JUDGMENT
The 1st petitioner is the owner of a double storeyed building, in which one of the rooms has been taken out by the 2nd petitioner for conducting a take-away shop of food items. The petitioners were aggrieved with a public latrine constructed near to the kitchen of the 2nd petitioner's shop. It is the case of the petitioners
that the present site was chosen by the respondents with obvious mala fides to cause hardship to the petitioners. But for the allegation of mala fides , there is no aspect pointed out to prove the motivation for the same; nor is any person impleaded in the personal capacity.
WP(C) No.10605 of 2009 - 2 -
public, requested the Government for making available the road puramboke belonging to the Public Works Department for constructing the comfort station. The resolution is produced at Exhibit R1(a). The Kerala Road Fund Board accorded permission for the same and the Assistant Engineer, Local Self Government Institution had prepared an estimate of Rs.3 lakhs for constructing the comfort station and the same was included in the People Campaign Programme. The District Planning Committee had also granted permission for implementing the project, in the year 2008.
Court does not find any mala fides in having decided to construct the comfort station in the property identified as per due process of law. The public interest projected in the counter affidavit has to be accepted by this Court and a private individual's hardship has to concede to the public demand projected.
The writ petition would stand dismissed. No costs.
Sd/- K.Vinod Chandran Judge.
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[ true copy ]
1 issue framed by the court
Whether mala fides are proved in the decision to construct a public latrine.
Rani Abey Varghese
Satheesh
Vattiyoorkavu Grama Panchayath
Public Health Officer
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
