Petitioners sought relief due to noise and nuisance from quarry stones stored near their residence. The Court directed the Panchayat Secretary to finalize proceedings after hearing parties, expressly reserving opinion on the merits.
Direction to the 2nd respondent to finalize proceedings pursuant to Ext.P2 after hearing counsel within two weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
WP(C) NO. 22963 OF 2022
PETITIONERS:
1 P.D. MOHANAN, AGED 64 YEARS S/O. M.K. DAMODHARAN, MUZHUVANCHERIL HOUSE, NELLIKUZHI KARA, NELLIKUZHI P. O, ERNAKULAM DISTRICT, PIN - 686 691.
2 PREEJA SARATH, AGED 35 YEARS D/O. P.D. MOHANAN, MUZHUVANCHERIL HOUSE, NELLIKUZHY KARA, NELLIKUZHI P. O, ERNAKULAM DISTRICT, PIN - 686 691.
BY ADVS. PAULY MATHEW MURICKEN ASHA JOSE
RESPONDENTS:
1 NELLIKUZHY GRAMA PANCHAYAT, NELLIKUZHI P. O, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686 691, REPRESENTED BY ITS SECRETARY.
2 SECRETARY, NELLIKUZHI GRAMA PANCHAYAT, NELLIKUZHI P. O, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686 691. 3 SANTHA KURIAKOSE, VADATH HOUSE, ROSELINE ROAD, ERAMELLUR VILLAGE, NELLIKUZHI KARA, NELLIKUZHI P. O, ERNAKULAM DISTRICT, PIN - 686 691.
BY ADVS. PEEYUS A. KOTTAM JOMON J. MALIEKAL JUBIN C.VADAKKAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.22963 OF 2022
2
JUDGMENT
The case of the petitioners is that the 3rd respondent is keeping huge quantities of quarry stones very close to the entrance of the residential building of the petitioners causing nuisance to them and their family. Based on a complaint submitted by the petitioners in this regard, the 2nd respondent - the Secretary of the Panchayat has issued Ext.P2 notice on 05.05.2022.
The writ petition is disposed of with the above direction.
Sd/-
MURALI PURUSHOTHAMAN JUDGE
SPR
WP(C).No.22963 OF 2022
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APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 A TRUE PHOTOGRAPH OF THE SITE SHOWING THE MANNER IN WHICH QUARRY STONES HAVE BEEN STOCKED BY THE 3RD RESPONDENT IN THE PREMISES. EXHIBIT P2 A TRUE PHOTOCOPY OF THE NOTICE DATED 05.05.2022 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. EXHIBIT P3 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 24.05.2022 SUBMITTED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 24.05.2022 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT PANCHAYATH.
RESPONDENTS EXHIBITS: NIL.
1 issue framed by the court
Whether to issue direction to the Panchayat Secretary to finalise proceedings regarding nuisance caused by quarry stones.
P.D. MOHANAN
PREEJA SARATH
NELLIKUZHY GRAMA PANCHAYAT
SECRETARY, NELLIKUZHI GRAMA PANCHAYAT
SANTHA KURIAKOSE
MURALI PURUSHOTHAMAN
As recorded by the court registry
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