Disposed

Mini Pradeep, v. Secretary, Muhamma Grama Panchayath

Kerala HC20 Dec 2022WP(C)/20015/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging an Ombudsman's order to remove plastic waste from a pathway. The court directed the Panchayat Secretary to take action on the original complaint within one month without coercive steps pending such orders, avoiding a jurisdictional inquiry.

What did the court decide?

Direction to the 1st respondent Secretary to take appropriate action on the original complaint within one month, without coercive steps against petitioners.

Mini Pradeep, Vs Secretary, Muhamma Grama Panchayath — Environment and Pollution | Kerala HC (2022)

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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 MURALI PURUSHOTHAMAN

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TUESDAY,THE 20^TH DAY OF DECEMBER 2022/29TH AGRAHAYANA, 1944

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WP(C) NO. 20015 OF 2022

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PETITIONERS:

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1 MINI PRADEEP, AGED 48 YEARS W/O. PRADEEP, SUKHLAL MANDIRAM, MUHAMMA P. O., ALAPPUZHA - 688 525.

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2 SUSEELA SUKHLAL, AGED 55 YEARS W/O. SUKHLAL, SUMESH BHAVAN, MUHAMMA P. O., ALAPPUZHA - 688 525.

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BY ADVS. R.KRISHNAKUMAR (CHERTHALA) A.ANISH MADHAV

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RESPONDENTS:

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1 SECRETARY, MUHAMMA GRAMA PANCHAYATH, XPANCHAYATH OFFICE, MUHAMMA, ALAPPUZHA - 688 525. 2 KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS ENVIRONMENTAL ENGINEER, AMC/X/501, THATHAMPALLY, ALAPPUZHA - 688 013. 3 MANOJ P., PUTHENVELI, CHAERAMANGALAM, MUHAMMA P. O., ALAPPUZHA - 688 525. R1 - SRI. J.OM PRAKASH, SC R2 – SRI. T. NAVEEN, SC, PCB M. R. SASI N.P.SILPA SREEKUMAR K.V. DHARMYA M.S KAVYA KRISHNAN S.SAJIT SANAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.20015 OF 2022

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JUDGMENT

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The 3^rd respondent had preferred Ext.P1 complaint before the 1^st respondent Secretary of the Grama Panchayat alleging that the petitioners are filling up the pathway leading to their residence by using plastic and other wastes.

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Thereafter, the 3^rd respondent approached the Ombudsman for Local Self Government Institutions (for short, 'Ombudsman') by filing Ext.P3 complaint for direction to the Secretary of the Panchayat to take steps for removal of wastes. Pursuant to Ext.P3, the Ombudsman passed Ext.P4 order directing to remove the plastic wastes within six weeks. Consequently, the Secretary issued Ext.P5 directing the petitioners to remove the plastic wastes before 20.06.2022. Exts.P4 and P5 are challenged in this writ petition.

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It is contended by the petitioners that the Ombudsman has no jurisdiction to entertain Ext.P3 complaint and to issue orders in the nature of Ext.P4.

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WP(C).No.20015 OF 2022

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Without going into the question as to whether the Ombudsman has jurisdiction to pass orders in the nature of Ext.P4, this writ petition is disposed of with a direction to the 1^st respondent, the Secretary of the Panchayat to take appropriate action on Ext.P1 complaint within a period of one month from the date of receipt of a copy of this judgment with notice to the petitioners and the 3^rd respondent. Till orders are passed on Ext.P1, there shall not be any coercive steps against the petitioners.

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The writ petition is disposed of with the above directions.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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WP(C).No.20015 OF 2022

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1	A TRUE COPY OF THE COMPLAINT FILED BY
	THE 3RD RESPONDENT AND TWO OTHERS
	BEFORE THE 1ST RESPONDENT DATED 27.10.2021.
EXHIBIT P2	A TRUE COPY OF THE APPLICATION DATED 27.01.2022 HARIDASAN BEFORE THE 1ST
	RESPONDENT UNDER THE RTI ACT AND
	INFORMATION GIVEN BY THE 1ST
	RESPONDENT TO HARIDASAN DATED 22.02.2022.
EXHIBIT P3	A TRUE COPY OF THE COMPLAINT FILED BY THE 3RD RESPONDENT AND OTHERS BEFORE THE HON'BLE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANNTHAPURAM DATED 13.03.2022.
EXHIBIT P4	A TRUE COPY OF THE ORDER DATED
	13.05.2022 IN COMPLAINT NO.268/2022 OF
	THE OMBUDSMAN FOR LOCAL SELF
	GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.
EXHIBIT P5	A TRUE COPY OF THE NOTICE DATED B2 107/2022 DATED 06.06.2022 ISSUED BY
	THE 1ST RESPONDENT TO THE 2ND PETITIONER.

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RESPONDENTS EXHIBITS:-

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EXHIBIT R3(a)	TRUE COPY	OF THE	PHOTOGRAPHS SHOWING
	THE USAGE WATER BODY	OF PLAS TO CONS	TIC FOR FILLING THE TRUCT A PATHWAY.
EXHIBIT R3(b)	TRUE COPY THE USAGE WATER BODY	OF THE OF PLAS TO CONS	VIDEO GRAPH SHOWING TIC FOR FILLING THE TRUCT A PATHWAY.
EXHIBIT R3(c)	TRUE COPY	OF ACKN	OWLEDGEMENT NO. 3313
	DATED 28/ DATED 28/1	10/2021 0/2021.	OF THE COMPLAINT
EXHIBIT R3(d)	TRUE COPY 400/19 DA	OF LE TED 01	TTER NO.PCB/ALP/TG- /12/2021 FROM THE

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WP(C).No.20015 OF 2022

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ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, DISTRICT OFFICE, ALAPPUZHA TO THE SECRETARY, MUHAMMA GRAMA PANCHAYAT.

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EXHIBIT R3(e) TRUE COPY OF THE APPLICATION DATED 27/01/2022 UNDER THE RTI ACT. EXHIBIT R3(f) TRUE COPY OF REPLY NO. B1-559/21 DATED 22/02/2022 UNDER THE RTI ACT ISSUED BY STATE PUBLIC INFORMATION OFFICER AND HEAD CLERK, MUHAMMA GRAMA PANCHAYATH.

Mini Pradeep, v. Secretary, Muhamma Grama Panchayath

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Mini Pradeep, v. Secretary, Muhamma Grama Panchayath

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