Disposed

Vijayamma v. Secretary to Local Self Government Department

Kerala HC14 Nov 2019WP(C)/4816/2019

Case brief

AI extract

What is this about?

Petitioners challenged construction near a village well and common well, fearing pollution. Respondent Corporation built for a center but abandoned a septic tank for a toilet due to objections. Court allowed usage as medicine sub-center if the toilet remains unused and no septic tank is built.

What did the court decide?

Allowed isolation of building as medicine distribution sub-center; prohibited toilet usage and septic tank construction; ordered possible demolition of toilet room.

Vijayamma Vs Secretary to Local Self Government… — Environment and Pollution | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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THURSDAY, THE 14TH DAY OF NOVEMBER 2019 / 23RD KARTHIKA, 1941

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WP(C).No.4816 OF 2019(B)

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PETITIONERS:

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1 VIJAYAMMA AGED 62 YEARS D/O.JANAKI,VALIYA EDANGAZHI LEKSHAM VEEDU, MEENATH CHERRY, KAVANAD.P.O, SAKTHIKULANGARA, KOLLAM.

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2 MEDONA, AGED 59 YEARS W/O.ANTONY MORAIS,THARAYIL THEKKATHIL, VALIYA EDANGAZHI LEKSHAM VEEDU, MEENATH CHERRY,KAVANAD.P.O, SAKTHIKULANGARA, KOLLAM.

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3 REJI, AGED 40 YEARS W/O.XAVIER,VALIYA EDANGAZHI LEKSHAMVEEDU, MEENATHCHERRY,KAVANAD.P.O, SAKTHIKULANGARA,KOLLAM.

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4 LILLY JEROM, AGED 48 YEARS D/O.JEROM, VALIYA EDANGAZHI LEKSHAM VEEDU, MEENATH CHERRY,KAVANAD.P.O, SAKTHIKULANGARA, KOLLAM.

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5 SARASAMMA, AGED 65 YEARS W/O.NATARAJAN, VALIYA EDANGAZHI LEKSHAM VEEDU, MEENATH CHERRY,KAVANAD.P.O, SAKTHIKULANGARA,KOLLAM.

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BY ADVS. SRI.BINU GEORGE SMT.HEMALATHA

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WP(C).No.4816 OF 2019(B)

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RESPONDENTS:

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1 SECRETARY TO LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695001.

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2 THE SECRETARY CORPORATION OF KOLLAM,CORPORATION OFFICE,KOLLAM.P.O,KOLLAM-691001.

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3 THE CORPORATION OF KOLLAM, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE,KOLLAM.P.O,KOLLAM-691001.

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4 THE DISTRICT COLLECTOR, COLLECTORATE,KOLLAM-691013.

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R1, R4 BY GOVERNMENT PLEADER R2-3 BY SRI.M.K.CHANDRA MOHAN DAS,SC,KOLLAM MPT

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SR.GP. RAJASEKHARAN NAIR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.4816 OF 2019(B)

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JUDGMENT

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The petitioners have approached this Court alleging that Kollam Municipal Corporation has constructed a building merely 60 centimetres away from the building of “Anganavady No.52” and from a common well which is used by all the residents of the locality for drinking water purposes. The petitioners specifically take umbrage to the construction of a toilet next to this building, which they say will pollute the well as also the other ground water sources in the area. They, therefore, pray that the Corporation be directed to demolish the offending construction.

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In response, Sri.M.K.Chandra Mohandas-learned Standing Counsel for Kollam Corporation, submits that a statement has been filed on record, wherein the following have been stated.

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“2. it is submitted that the construction of Building contained in “Division 3, Edmanakkavu Colony Sub Centre construction” included in 2018-19 yearly plan of this respondent has been completed. This building is constructed in compliance with the provisions of Kerala Municipal Building Rules 1999.

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However, construction of septic tank of the toilet attached to the said building has not been constructed

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WP(C).No.4816 OF 2019(B)

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pending disposal of this petition before the Hon'ble Court. The Municipal Council has resolved to close down the construction by limiting it to the Medical Sub Centre only. A copy of the decision of the Council dated 07/09/2019 is produced herewith and marked as Annexure : R2(i)

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The building has to be readied for functioning as a Centre for distribution of medicines and administering preventive vaccinations under the Bio Mitram Project. Taking note of the submissions made herein, this Hon'ble Court may be pleased to modify its interim order staying construction of the said complex in entirety and allow functioning of the Medical Sub Centre in the Building already constructed.”

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The learned Standing Counsel asserts that the building

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will be used only as a Centre for distribution of medicines and administering preventive vaccinations and that the toilet will not

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be used, since the construction of its septic tank has been abandoned in view of the objections of the petitioners.

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Taking note of the afore submissions, I allow the Municipal Corporation to use the building solely as a sub-center for distribution of medicines and administering preventive vaccinations; however, on condition that they will not use the toilet nor construct a septic tank therein and consequently, that the present toilet room can either be used for other purposes or will have to be demolished.

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WP(C).No.4816 OF 2019(B)

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I caution the Secretary of the respondent Municipal Corporation that use of the said offending structure as a toilet in violation of this judgment will visit him with full consequences, as and when such information is brought to the notice of this Court.

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This writ petition is thus ordered.

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Sd/-

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DEVAN RAMACHANDRAN

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nak

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JUDGE

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WP(C).No.4816 OF 2019(B)

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF ORDER DATED 05.02.2019 IN I.A.NO.438/19 IN OS 61/19 ON THE FILE OF MUNSIFF'S COURT,KOLLAM.

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EXHIBIT P2 A TRUE COPY OF COMMISSION REPORT SUBMITTED BY THE ADVOCATE COMMISSIONER IN I.A.NO.438/19 IN O.S.61/19 ON THE FILE OF MUNSIFF'S COURT,KOLLAM.

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EXHIBIT P3 TRUE PHOTOGRAPHS OF THE NEW CONSTRUCTION EFFECTED NEAR THE WELL.

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EXHIBIT P4 A TRUE COPY OF THE PETITION UNDER RULE 2(A)OF ORDER XXXIX OF CIVIL PROCEDURE CODE IN O.S.61/19 ON THE FILE OF MUNSIFF'S COURT,KOLLAM.

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EXHIBIT P5 A COPY OF THE COMPLAINT DATED 11/02/2019 SUBMITTED TO THE 4TH RESPONDENT.

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RESPONDENTS' EXHIBITS:

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EXHIBIT R4(A) TRUE COPY OF THE REPORT AND PHOTOGRAPHS

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//TRUE COPY// P.A TO JUDGE

Vijayamma v. Secretary to Local Self Government Department

Case brief

What is this about?

What did the court decide?

Vijayamma v. Secretary to Local Self Government Department

Case brief

What is this about?

What did the court decide?

What the court decided

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