Disposed

Shobha S v. the Sub Divisional Magistrate

Kerala HC23 Jun 2022WP(C)/5626/2022

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition where petitioners complained of sewage leakage causing nuisance. The court directed the Sub Divisional Magistrate to pass an order on the representation within three months, considering the impact of a pending civil suit.

What did the court decide?

Directed the 1st respondent to take a decision on Ext.P1 representation within three months after issuing notice to parties.

Shobha S Vs the Sub Divisional Magistrate — Constitutional and Fundamental Rights | 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 V.G.ARUN

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THURSDAY, THE 23^RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944 WP(C) NO. 5626 OF 2022

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PETITIONERS:

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1 SHOBHA S

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AGED 52 YEARS W/O. MOHANAKUMAR S, KRISHANJALI, TC NO 26/485, SERA 66,VANROSS JUNCTION, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM PIN CODE 695 001

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2 MOHANAKUMAR S AGED 57 YEARS S/O. SIVASANKARA PILLAI, KRISHANJALI, TC NO 26/485, SERA 66 VANROSS JUNCTION, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM PIN CODE 695 001

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BY ADVS.

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S.V.RAJAN SANIL JOSE R.SANTHOSH (VARKALA) A.N.PREMLAL S.HEMANTH SANTHOSH V.K.GAYATHRI DEVI SREENA B.S.

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RESPONDENTS:

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1 THE SUB DIVISIONAL MAGISTRATE THIRUVANANTHAPURAM, COLLECTORATE BUILDINGS, KUDAPPANAKUNNU, THIRUVANANTHAPURAM DISTRICT PIN CODE 695 03

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2 SREEKUMAR

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TC NO 26/486(1) SERA 65 VANROSS JUNCTION, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM, PIN CODE 695 001

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3 SOUMYA I.V W/O. SURESH, PADMAVILASOM BUNGLAW, TC NO 26/452

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W.P. (C ) No. 5626 of 2022

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VANROSS JUNCTION, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM, PIN CODE 695 001 NOW RESIDING AT THIRUVONAM, VEMBAYAM, KONCHIRA P.O, THIRUVANANTHAPURAM PIN CODE 695 615

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4 THE ASSISTANT EXECUTIVE ENGINEER KERALA WATER AUTHORITY, KURIYATHI, KILLIPPALAM, THIRUVANANTHAPURAM, PIN CODE 695 002

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5 THE SECRETARY THIRUVANANTHAPURAM MUNICIPAL CORPORATION, VIKAS BHAVA N P.O, THIRUVANANTHAPURAM PIN CODE 695 033

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6 THE HEALTH INSPECTOR THAMPANOOR WARD, THIRUVANANTHAPURAM, MUNICIPAL CORPORATION, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM PIN CODE 695 033

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BY ADVS. N.NANDAKUMARA MENON (SR.) BIJILY JOSEPH SHRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION

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SC FOR KWA P.M.JOHNY; GP P.S.APPU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P. (C ) No. 5626 of 2022

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V.G.ARUN, J.

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-------------------------------------

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W.P. (C ) No. 5626 of 2022

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-------------------------------------

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Dated this the 23^rd day of June, 2022

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JUDGMENT

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The petitioners are inhabitants of T.C.No.26/485 in Thampanoor

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Ward of the Thiruvananthapuram Municipal Corporation. They are

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aggrieved by the leakage of the sewerage line installed in the property of respondents 2 and 3. According to the petitioners, as a result of the leakage, filthy stinking drainage waste water with human

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excreta is flowing into their property causing nuisance and posing serious health hazards. The petitioners have submitted complaints before the various authorities and have also approached the Executive Magistrate seeking action under Section 133 of the Code of Civil Procedure. The prayer herein is for a direction to the Executive Magistrate to consider Ext.P1 application and pass orders thereon.

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Learned Standing Counsel for the Corporation submitted

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that, notice has been issued to respondents 2 and 3 to abate the

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nuisance but no action has so far been taken. Learned Standing

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W.P. (C ) No. 5626 of 2022

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Counsel for the Kerala Water Authority pointed out that the dispute is

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private in nature and a new suit is pending between the parties.

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Considering the limited relief being granted hereunder,

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notice to respondents 2 and 3 is dispensed with.

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The writ petition is disposed of directing the 1^st respondent to take a decision on Ext.P1 representation and after issuing notice to the petitioner and respondents 2 and 3. While taking the decision, the 1^st respondent to consider the impact of the pending civil suit also. The decision, as directed above, shall be taken within a period of three months of receipt of a copy of this judgment.

Sd/-V.G.ARUN

JUDGE

lsn

W.P. (C ) No. 5626 of 2022

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APPENDIX OF WP(C) 5626/2022

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PETITIONER EXHIBITS

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Exhibit P1

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THE TRUE COPY OF THE PETITION UNDER REF. NO.RDO/TVM/331/2022-C DATED 01.01.2022 FILED BY THE PETITIONERS UNDER SECTION 133 OF THE CR.PC BEFORE THE RESPONDENT NO.1.

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RESPONDENTS EXHIBITS: NIL

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TRUE COPY

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P.A TO JUDGE

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LSN

Shobha S v. the Sub Divisional Magistrate

Case brief

What is this about?

What did the court decide?

Shobha S v. the Sub Divisional Magistrate

Case brief

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What did the court decide?

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