Petitioner challenged the construction of a new public urinal near her property. Court held the decision replaced an obsolete facility with an accessible one, complied with building rules, and noted pending civil suit. Writ dismissed.
Writ petition was dismissed as without merit.
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 N.NAGARESH
TUESDAY, THE 13TH DAY OF DECEMBER 2022/22ND AGRAHAYANA, 1944 WP(C) NO. 28735 OF 2022
PETITIONERS:
ELSY AGED 71 YEARS W/O.LATE FRANCIS, RESIDING IN THE ADDRESS VATTOLI HOUSE, VELLIKULANGARA P.O., THRISSUR DISTRICT - 680 699.
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM P.O., THIRUVANANTHAPURAM DISTRICT - 695 001. 2 THE MATTATHUR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, MATTATHUR P.O., THRISSUR DISTRICT - 680 684. 3 THE SECRETARY MATTATHUR GRAMA PANCHAYATH OFFICE OF THE MATTATHUR GRAMA PANCHAYATH, MATTATHUR P.O., THRISSUR DISTRICT - 680 684.
BY ADVS. SRI.VENUGOPAL M.R SMT.DHANYA P.ASHOKAN(K/001671/2000) SRI.S. MUHAMMAD ALIKHAN(K/000644/2020) SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.28735/2022
: 2 :
N. NAGARESH, J.
W.P.(C) No.28735 of 2022
Dated this the 13th day of December, 2022
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
The petitioner has filed the writ petition seeking to
command the respondents 2 and 3 not to construct any public urinals or any comfort station adjacent to the property of the petitioner, as is proposed to be done now. The petitioner further seeks to command the 1st respondent to cause an enquiry to be made, if found necessary for the illegal act and proposal of respondents 2 and 3 in deserting an existing comfort station and proposing to have a new one.
W.P.(C) No.28735/2022
: 3 :
stand premises. The said urinal and latrine building is in a neglected stage.
Panchayat is now going to construct a new urinal and latrine building close to the compound of the petitioner. The petitioner states that the proposed building would breach the distance rule since construction is proposed by the side of a drinking water source. Respondents 2 and 3 are compellable to maintain the existing urinals and other washroom facilities and to abandon the new proposal.
W.P.(C) No.28735/2022
: 4 :
setback rules as provided under Rule 75(2)(iv) of the Kerala Panchayat Building Rules. The proposed site has a setback of 15 metres from the well and 2 metres from the plot boundary.
learned Government Pleader for the 1st respondent and the learned Standing Counsel representing respondents 2 and 3.
W.P.(C) No.28735/2022
: 5 :
W.P.(C) No.28735/2022
: 6 :
boundary of the petitioner, and that the proposed construction is in compliance of the Panchayat Building Rules. There is no material on record to disbelieve the statement made by the 3rd respondent.
For the above reasons, the writ petition is without
any merit and it is consequently dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/12.12.2022
W.P.(C) No.28735/2022
: 7 :
APPENDIX OF WP(C) 28735/2022
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE JUDGMENT IN OS NO.95 OF 2000 DATED 31/03/2003 ON THE FILE OF THE MUNSIFF-MAGISTRATE COURT, CHALAKKUDY.
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT IN CRP NO.1009 OF 2001 DATED 30/05/2002 BY THIS HON'BLE COURT. EXHIBIT P3 A TRUE COPY OF THE ORDER PASSED IN IA NO.1 OF 2022 IN OS NO.70 OF 2022 DATED 11/08/2022 ON THE FILE OF THE MUNSIFF COURT, CHALAKUDY.
EXHIBIT P4 A TRUE COPY OF THE ADVOCATE COMMISSIONER'S REPORT AND PLAN FILED IN IA NO.2 OF 2022 IN OS NO.70 OF 2022 DATED 16/02/2022 ON THE FILE OF THE MUNSIFF COURT, CHALAKKUDY.
EXHIBIT P5 A TRUE COPY OF THE PHOTOGRAPH TAKEN BY THE PETITIONER DATED NIL.
RESPONDENTS' EXHIBITS
EXHIBIT R3(A) TRUE COPY OF THE PLAN FOR THE TOILET TO BE CONSTRUCTED PREPARED BY THE ASSISTANT EXECUTIVE ENGINEER, KODAKARA BLOCK PANCHAYAT. EXHIBIT R3(B) TRUE COPY OF THE PLAINT IN O.S.NO.7012022 ON THE FILE OF THE MUNSIFF COURT, CHALAKUDY.
3 issues framed by the court
Whether the Writ Court should interfere in the Panchayat's policy decision to replace a neglected urinal
Whether the proposed construction violates building rules and distance regulations
If the petitioner has already approached the civil court, whether this writ should be dismissed
Elsy
The State of Kerala
The Mattathur Grama Panchayath
The Secretary Mattathur Grama Panchayath
N. Nagares
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
N. Nagares
Parties & counsel
