Disposed

V.Sumathy v. Corporation of Thiruvananthapuram

Kerala HC23 Nov 2020WP(C)/25740/2020

Case brief

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What is this about?

Petitioners filed a writ petition aggrieved by the non-attention to their complaint regarding a septic tank constructed by residents on the boundary. The Court directed the Corporation Secretary to summon relevant parties and take appropriate action under the Kerala Municipality Act within six weeks.

What did the court decide?

Directed the Secretary of the Corporation to summon parties and take appropriate action on the complaint within six weeks.

V.Sumathy Vs Corporation of Thiruvananthapuram — Writ and Judicial Review | Kerala HC (2020)

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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 P.B.SURESH KUMAR

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MONDAY, THE 23RD DAY OF NOVEMBER 2020 / 2ND AGRAHAYANA, 1942

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WP(C).No.25740 OF 2020(N)

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PETITIONER/S:

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1 V.SUMATHY, AGED 78 YEARS, W/O. LATE RENGARAJAN, INDRAPRASTHAM, BN-369, KESAVA LANE, BAPUJI NAGAR, SREEKARYAM P.O., THIRUVANANTHAPURAM-695 017

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2 RENJANA.R, AGED 45 YEARS, W/O. MANOJ, INDRAPRASTHAM, BN-369, KESAVA LANE, BAPUJI NAGAR, SREEKARYAM P.O., THIRUVANANTHAPURAM-695 017

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BY ADVS. SRI.AYYAPPAN SANKAR SMT.S.HRIDYA

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RESPONDENT/S:

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1 CORPORATION OF THIRUVANANTHAPURAM, PALAYAM P.O., THIRUVANANTHAPURAM-695 033, REPRESENTED BY ITS SECRETARY.

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2 SECRETARY, CORPORATION OF THIRUVANANTHAPURAM, PALAYAM P.O., THIRUVANANTHAPURAM-695 033.

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3 HEALTH INSPECTOR, ULLOOR ZONAL OFFICE, CORPORATION OF THIRUVANANTHAPURAM, MEDICAL COLLEGE P.O., THRIUVANANTHAPURAM-695 011.

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4 DISTRICT MEDICAL OFFICER (HEALTH), GENERAL HOSPITAL JUNCTION, RED CROSS ROAD, OPPOSITE GOVERNMENT EYE HOSPITAL, VANCHIYOR P.O., THIRUVANANTHAPURAM-695 035.

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W.P.(C)No.25740 of 2020

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5 DR.G.S VIJAYAKRISHNAN, S/O.V.GOPALAPILLAI, BN-368(A), KESAVA LANE, BAPUJI NAGAR, SREEKARYAM P.O., THIRUVANANTHAPURAM-695 017.

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6 DR.M.C SATHYA BHAMA, W/O.DR.G.S.VIJAYAKRISHNAN, BN-368(A), KESAVA LANE, BAPUJI NAGAR, SREEKARYAM P.O., THIRUVANANTHAPURAM-695 017.

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SRI.PAUL ABRAHAM VAKKANAL, GOVERNMENT PLEADER

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SRI.P.K.MANOJ KUMAR, SC, THIRUVANANTHAPURAM

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CORPORATION

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.25740 of 2020

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W.P.(C)No.25740 of 2020

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JUDGMENT

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The grievance of the petitioners in the writ petition concerns the construction of the septic tank undertaken by respondents 5 and 6 on the boundary of their respective properties. It is alleged by the petitioners that though Ext.P6 complaint has been lodged by them to the second respondent, the Secretary of the first respondent Corporation, the same is not being attended to by him. The petitioners, therefore, seek appropriate directions in this regard in the writ petition.

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Heard the learned counsel for the petitioners, the learned Standing Counsel for the first respondent Corporation as also the learned Government Pleader.

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In the nature of the order I propose to pass in this matter, no notice need be issued to respondents 5 and 6.

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Having regard to the fact that the grievance of the petitioners in the writ petition is only that Ext.P6 complaint lodged by them before the second respondent is not being attended to, I deem it appropriate to dispose of the writ petition directing the second respondent to take up Ext.P6 complaint, issue notice to the

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W.P.(C)No.25740 of 2020

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petitioners as also respondents 5 and 6 and take appropriate action thereon in accordance with the provisions contained in the Kerala Municipality Act. Ordered accordingly. This shall be done within six weeks from the date of receipt of a copy of this judgment. The petitioners shall produce a copy of this judgment along with a copy of the writ petition for compliance before the second respondent.

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Sd/- P.B.SURESH KUMAR JUDGE

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rkj

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W.P.(C)No.25740 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE PHOTOCOPY OF 27.10.2015 SUBMIT RESPONDENT	THE COMPLAINT DATED TED BEFORE THE 3RD
EXHIBIT P2	TRUE PHOTOCOPY OF 03.09.2019 ISSUED OFFICE OF THE 1ST CORPORATION	THE RECEIPT DATED FROM ULLOOR ZONAL RESPONDENT MUNICIPAL
EXHIBIT P3	TRUE PHOTOCOPY OF 10.10.2019 ISSUED OFFICE OF THE 1ST CORPORATION	THE RECEIPT DATED FROM ULLOOR ZONAL RESPONDENT MUNICIPAL
EXHIBIT P4	TRUE PHOTOCOPY OF 03.09.2020 SUBMIT RESPONDENT, ALONG ACKNOWLEDGMENT CA	THE COMPLAINT DATED TED BEFORE THE 2ND WITH POSTAL RD
EXHIBIT P5	TRUE PHOTOCOPY OF 09.10.2020 SUBMIT RESPONDENT, ALONG	THE COMPLAINT DATED TED BEFORE THE 2ND WITH POSTAL RECEIPT
EXHIBIT P6	TRUE PHOTOCOPY OF DATED 04.11.2020 RESPONDENT	THE REPRESENTATION SUBMITTED BEFORE THE 2ND
EXHIBIT P7	TRUE PHOTOCOPY OF 20.10.2020 OF THE IGHTS COMMISSION NO.8926/11/12/201	THE ORDER DATED KERALA STATE HUMANR OF HRMP 9

V.Sumathy v. Corporation of Thiruvananthapuram

Case brief

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V.Sumathy v. Corporation of Thiruvananthapuram

Case brief

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