A writ petition alleged violation of building rules and well water contamination due to a neighbouring apartment complex. Inspections by authorities found no violations of the Kerala Panchayath Building Rules and no E-Coli or Coliform contamination. The court found no merit and dismissed the petition.
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 MOHAMMED NIAS C.P.
TUESDAY, THE 2ND DAY OF APRIL 2024 / 13TH CHAITHRA, 1946
WP(C) NO. 9356 OF 2023
PETITIONER:
JAYASREE.K.,
AGED 56 YEARS
D/O.LATE GOVINDANKUTTY NAIR, RESIDING AT SREENILAYAM
HOUSE, HOUSE NO. 495C/II OF ALIPARAMB PANCHAYATH,
ANAMANGAD, PERINTHALMANNA, MALAPPURAM DISTRICT, PIN -
679357
BY ADVS.
ALEX.M.SCARIA
BEAS K. PONNAPPAN
A.J.RIYAS
SARITHA THOMAS
ALEN J. CHERUVIL
SAHL ABDUL KADER
SANJITH KUMAR R.
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 6950012 PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT INSTITUTIONS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 6950013 DIRECTOR OF PANCHAYATHS DIRECTORATE OF PANCHAYATHS, PMG JUNCTION, THIRUVANANTHAPURAM, PIN - 6950334 DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, MALAPPURAM, PIN - 6765055 DISTRICT DISASTER MANAGEMENT AUTHORITY MALAPPURAM, REPRESENTED BY ITS CHAIRMAN, DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, MALAPPURAM, PIN - 6765056 DISTRICT MEDICAL OFFICER DISTRICT MEDICAL OFFICE (H), B3 BLOCK, CIVIL STATION, UPHILL, MALAPPURAM, KERALA, PIN - 6765057 THE ALIPARAMB GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, ALIPARAMBA GRAM PANCHAYAT EDAYIKKAL - THAVALAPPARA ROAD, PARAL, ALIPARAMBA,..2..
WP(C) NO. 9356 OF 2023
MALAPPURAM, KERALA, PIN - 679357
8 THE SECRETARY ALIPARAMBA GRAMA PANCHAYATH, EDAYIKKAL - THAVALAPPARA ROAD, PARAL, ALIPARAMBA, MALAPPURAM, KERALA, PIN - 6793579 MOHAMMED RAFEEQUE S/O IBRAHIM, PROPRIETOR-CUM-BUILDER OF EVERSHINE FLAT COMPLEX, ANAMANGAD, MALAPPURAM, PIN - 67935710 VIGILANCE & ANTI-CORRUPTION BUREAU VIKAS BHAVAN, OPPOSITE KSRTC DEPOT, THIRUVANANTHAPURAM, KERALA, REPRESENTED BY ADDITIONAL DIRECTOR GENERAL OF POLICE, PIN - 69503311 CHIEF TOWN PLANNER (VIGILANCE) SWARAJ BHAVAN, NANDANCODE, THIRUVANANTHAPURAM, PIN - 695003BY ADVS.
ADV. K. M. JAMALUDHEEN
AHAMED FAZIL E.C.
LATHA PRABHAKARAN(K/158/1993)
K.M.FIROZ(K/1714/2000)
OTHER PRESENT:
SRI.SYAMANTHAK B.S., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 9356 OF 2023
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MOHAMMED NIAS C.P, J.
========================
W.P.C No. 9356 of 2023
========================
Dated this the 2nd day of April, 2024
J U D G M E N T
The above writ petition is filed with the following prayers;
“ i) To issue appropriate direction to the respondents 7 and 8 to ensure that no contamination is happening to the well water of the petitioner due to percolation from the leach pits installed in the property of the 9th respondent without keeping statutory distance;
ii) To issue of Writ of Mandamus or any other appropriate, writ order or direction, directing the 8th respondent to cancel the Occupancy Certificate given to the 9th respondent, Mohammed Rafeeque in respect of his Apartment Complex due to the suppression of material facts in the Completion Certificate and to ensure an order for demolition of the building;
iii) To issue a Writ of Certiorari, or any other
WP(C) NO. 9356 OF 2023
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appropriate writ, order or direction to quash Exhibit P- 42 to the extent of which it closes the proceedings in respect of the illegal numbering of the building of the 9th respondent, Mohammed Rafeeque by the 8th respondent, the Secretary, Aliparamba Grama Panchayath;
iv) To issue of Writ of Mandamus ог any other appropriate, writ order or direction, directing the 10th respondent, Vigilance & Anti-corruption Bureau to initiate appropriate proceedings on Exhibit P-47;
v) To issue of Writ of Mandamus or any other appropriate, writ order or direction, directing the 11th respondent, Chief Town Planner (Vigilance), to take appropriate action on Exhibit P-46;”
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WP(C) NO. 9356 OF 2023
bacteria and that with respect to the alleged violation of the Kerala Panchayath Rules. there was hardly any violation, and the ombudsman further relegated the petitioner to civil court for matters beyond what is contemplated before the ombudsman. In short, the ombudsman did not find favour with any of the allegations the petitioner made against the construction of the 9th respondent.
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WP(C) NO. 9356 OF 2023
conducted by the District Town Planner, Malapuram along with the Deputy Director of Panchayath, Malappuram and the District Medical Officer to measure the distance after removing the interlock bricks. That report mentioned that the distance between the building of the petitioner and the 9th respondent was 8.95 meters and that the leech pit of the 9th respondent was situated 7.3 meters away from the outer wall of the well of the petitioner and 7.7 meters away from the inner wall of the well of the petitioner. It is also stated that the leech pit had a 6-inch concrete wall and the construction is in accordance with the provisions Rule 75(2)(W) of the Kerala Panchayath Building Rules, 2019. It was also noted that there is another leech pit belonging to the petitioner situated about 9.7 meters away from the petitioner's well. It is further noticed that there is no clear evidence to show that the well water is getting polluted due to the existence of the leech pit of the 9th respondent. The Assistant Engineer and District Town Planner, Malappuram also found that the apartment
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WP(C) NO. 9356 OF 2023
complex of the 9th respondent was constructed in accordance with the the Kerala Panchayath Building Rules, 2019. These findings are again affirmed by the 6th and 7th respondents in their inspection under the orders of this Court noted above. It is specifically found that there is no presence of E-Coli and the report received from the Quality Control District Laborarty, Malappuram of the Kerala Water Authority on 14.03.2022 was marked as Ext.R7(c).
WP(C) NO. 9356 OF 2023
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nothing to establish the contentions raised in the writ petition. This court cannot be converted into a civil court for carrying out any further factual investigation. None of the grounds raised are tenable and consequently no prayers sought in this writ petition can be granted.
I do not find any merit in this writ petition and the same is dismissed.
Sd/-
MOHAMMED NIAS C.P
JUDGE
LU
WP(C) NO. 9356 OF 2023
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APPENDIX OF WP(C) 9356/2023
PETITIONER EXHIBITS :
EXHIBIT P1TRUE COPY OF THE ROUGH SKETCH PREPARED
BY THE PETITIONER SHOWING THE LOCATION
OF THE PETITIONER'S RESIDENTIAL
BUILDING AND THE FLAT CONSTRUCTED BY
THE 9TH RESPONDENT.
EXHIBIT P2TRUE COPY OF THE LAB REPORT DATED
14/07/2020.
EXHIBIT P3TRUE COPY OF THE LAB REPORT DATED
23/07/2020.
EXHIBIT P4TRUE COPY OF THE COMPLAINT DATED
27/07/2020 SUBMITTED BY THE PETITIONER
TO THE HEALTH INSPECTOR.
EXHIBIT P5TRUE COPY OF THE REPORT PREPARED BY
HEALTH INSPECTOR DATED 12/08/2020.
EXHIBIT P6TRUE COPY OF THE REPRESENTATION DATED
03/08/2020 SUBMITTED BY THE PETITIONER
TO THE 8TH RESPONDENT.
EXHIBIT P7TRUE COPY OF THE DIRECTION DATED
17/08/2020ISSUEDBYTHE8TH
RESPONDENT TO THE 9TH RESPONDENT.
EXHIBIT P8TRUE COPY OF THE COMPLAINT DATED
18/09/2020 SUBMITTED BY THE PETITIONER
TO THE SUB COLLECTOR, PERINTHALMANNA.
EXHIBIT P9TRUE COPY OF THE PRINT OUT OF THE
COMPLAINT DATED 18/09/2020 SUBMITTED
BY THE PETITIONER E-MAIL TO THE
DISTRICT COLLECTOR, MALAPPURAM.
EXHIBIT P10TRUE COPY OF THE DIRECTION DATED
12/10/2020ISSUEDBYTHESUB
COLLECTOR, PERINTHALMANNA TO THE 8TH
RESPONDENT.
EXHIBIT P11TRUE COPY OF THE COMPLAINT DATED
30/09/2020 SUBMITTED BY THE PETITIONER
TO 6TH RESPONDENT.
EXHIBIT P12TRUE COPY OF THE COMPLAINT DATED
30/09/2020 SUBMITTED BY THE PETITIONER
TO THE DEPUTY DIRECTOR OF PANCHAYATH,
MALAPPURAM.
WP(C) NO. 9356 OF 2023
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EXHIBIT P13TRUE COPY OF THE DIRECTION DATED
19/11/2020 ISSUED BY THE DEPUTY
DIRECTOR OF PANCHAYATH, MALAPPURAM TO
THE 9TH RESPONDENT.
EXHIBIT P14TRUE COPY OF THE COMPLAINT DATED
12/10/2020 SUBMITTED BY THE PETITIONER
TOTHEINSPECTOROFPOLICE,
PERINTHALMANNA POLICE STATION.
EXHIBIT P15TRUE COPY OF THE REPLY DATED
27/10/2020 SENT BY THE SUB INSPECTOR
OF POLICE, PERINTHALMANNA POLICE
STATION TO THE PETITIONER.
EXHIBIT P16TRUE COPY OF THE COMPLAINT FILED BY
THE PETITIONER BEFORE THE 4TH
RESPONDENT BY E-MAIL DATED 30/11/2020.
EXHIBIT P17TRUE COPY OF THE COMPLAINT FILED BY
THE PETITIONER BEFORE THE MINISTER FOR
HEALTH DATED 16/10/2020.
EXHIBIT P18TRUE COPY OF THE COMPLAINT DATED
09/01/2021 SUBMITTED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT.
EXHIBIT P19TRUE COPY OF THE PRINT OUT OF THE
REGISTRATIONCERTIFICATEDATED
12/01/2021 ISSUED FROM AKSHAYA KENDRA
IN RESPECT OF SUBMISSION OF COMPLAINT
TO THE DISTRICT COLLECTOR.
EXHIBIT P20TRUE COPY OF THE LETTER BEARING NO A3-
316/2021 DATED 15/01/2021 ISSUED BY
THE 8TH RESPONDENT TO THE PETITIONER.
EXHIBIT P21TRUE COPY OF THE REPRESENTATION DATED
07/02/2021 SUBMITTED BY THE PETITIONER
TO THE MINISTER FOR SANTHVANA SPARSAM
ADALATH.
EXHIBIT P22TRUE COPY OF THE COMMUNICATION BEARING
NO A3-2620/2021 DATED 15/04/2021
ISSUED BY THE 8TH RESPONDENT TO THE
PETITIONER.
EXHIBIT P23TRUE COPY OF THE E-MAIL COMMUNICATION
DATED22/06/2021SENTBYTHE
PETITIONER TO THE 8TH RESPONDENT.
EXHIBIT P24TRUE COPY OF THE COMPLAINT DATED NIL
SENT BY THE PETITIONER THROUGH E-MAIL
ON 23/04/2021 TO THE DISTRICT TOWN
WP(C) NO. 9356 OF 2023
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EXHIBIT P25 |
PLANNER, MATRUE COPY09/09/2021PLANNER TO |
LAPPURAM.OF THE REPLY DATEDISSUED BY THE DISTRICT TOWNEXT. P-24 COMPLAINT. |
|---|---|---|
EXHIBIT P26 |
TRUE COPYTHE SUBORDPLANNER WLOCATION PLRESPECT OF |
OF THE MEASUREMENT TAKEN BYINATE OF THE DISTRICT TOWNHICH WAS NOTED IN THEAN ATTACHED TO THE FILE INEXHIBIT P-25. |
EXHIBIT P27 |
TRUE COPY OFILE NOTESDISTRICT TO |
F THE RELEVANT PAGES OF THEIN THE OFFICE OF THEWN PLANNER, MALAPPURAM. |
EXHIBIT P28 |
TRUE COPY19/10/2021BEFORE THEMALAPPURAM. |
OF THE COMPLAINT DATEDSUBMITTED BY THE PETITIONERDISTRICT TOWN PLANNER, |
EXHIBIT P29 |
TRUE COPYTCPMPM/572/ISSUED BYMALAPPURAM |
OF THE LETTER BEARING NO2021-A3 DATED 10/11/2021THE DISTRICT TOWN PLANNER,TO THE PETITIONER. |
EXHIBIT P30 |
TRUE COPY10/11/2021SPLANNER,RESPONDENT. |
OF THE COMMUNICATION DATEDENT BY THE DISTRICT TOWNMALAPPURAM TO THE 8TH |
EXHIBIT P31 |
TRUE COPY10/11/2021PLANNER, MDIRECTOR OF |
OF THE COMMUNICATION DATEDSENT BY THE DISTRICT TOWNALAPPURAM TO THE DEPUTYPANCHAYATH, MALAPPURAM. |
EXHIBIT P32 |
TRUE COPY24/01/2022TO THERESPONDENT. |
OF THE COMPLAINT DATEDSUBMITTED BY THE PETITIONERPRESIDENT OF THE 7TH |
EXHIBIT P33 |
TRUE COPY09/02/2022BEFORE THEGOVERNMENT |
OF THE COMPLAINT DATEDPREFERRED BY THE PETITIONEROMBUDSMAN FOR LOCAL SELFDEPARTMENT. |
EXHIBIT P34 |
TRUE COPYTHE DEPUTYDATED NIL |
OF THE REPORT SUBMITTED BYDIRECTOR OF PANCHAYATH |
EXHIBIT P35 |
TRUE COPY06/06/2022THE PETITIO |
OF THE OBJECTION DATEDIN OP NO. 138/2022 FILED BYNER TO EXT. P-34 REPORT |
WP(C) NO. 9356 OF 2023
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EXHIBIT P36 |
TRUE COPY |
OF THE ORDER DATED |
|---|---|---|
20/06/2022THE OOMBUGOVERNMENT |
IN COMPLAINT NO 138/2022 OFDSMAN FOR LOCAL SELFINSTITUTION. |
|
EXHIBIT P37 |
TRUE COPY01/08/2022TOWN PLANNELOCAL SELF |
OF THE REPORT DATEDSUBMITTED BY THE DISTRICTR BEFORE THE OMBUDSMAN FORGOVERNMENT INSTITUTION. |
EXHIBIT P38 |
TRUE COPYTHE PETITIEXHIBIT P-3 |
OF THE OBJECTION FILED BYONER DATED 05/08/2022 TO7. |
EXHIBIT P39 |
TRUE COPY19/10/2022BY THE COUS |
OF THE APPLICATION DATEDSUBMITTED UNDER THE RTI ACTIN OF THE PETITIONER. |
EXHIBIT P40 |
TRUE COPYNO. B3/1872PER EXHIBIT |
OF THE INFORMATION BEARING1/2022 DATED 17/11/2022 ASP-39 RTI APPLICATION. |
EXHIBIT P41 |
TRUE COPY04/08/2022. |
OF THE LAB REPORT DATED |
EXHIBIT P42 |
TRUE COPYOMBUDSMAN D |
OF THE PROCEEDINGS OF THEATED 23/09/2022. |
EXHIBIT P43 |
TRUE COPY22/10/2022BEFORE THE |
OF THE COMPLAINT DATEDSUBMITTED BY THE PETITIONERMLA. |
EXHIBIT P44 |
TRUE COPY03/10/2022,BY THE PEENGINEER,TRIVANDRUM |
OF THE COMPLAINT DATEDSANS EXHIBITS, SUBMITTEDTITIONER BEFORE THE CHIEFLSGD ENGINEERING DIVISION, |
EXHIBIT P45 |
TRUE COPY07/11/2022,BY THE PETMINISTER FO |
OF THE COMPLAINT DATEDSANS EXHIBITS, SUBMITTEDITIONER BEFORE THE HON'BLER LSGD. |
EXHIBIT P46 |
TRUE COPY29/09/2022BEFORE THVIGILANCE, |
OF THE COMPLAINT DATEDFILED BY THE PETITIONERE CHIEF TOWN PLANNER,ALONG WITH EXHIBITS |
EXHIBIT P47 |
TRUE COPY28/10/2022BEFORE THEBUREAU. |
OF THE COMPLAINT DATEDFILED BY THE PETITIONERVIGILANCE & ANTI-CORRUPTION |
EXHIBIT P48 |
TRUE COPY |
OF THE COMPLAINT DATED |
WP(C) NO. 9356 OF 2023
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09/01/2022 FILED BY THE PETITIONER
BEFORETHEDISTRICTPANCHAYATH
ENGINEER.
EXHIBIT P49TRUE COPY OF THE REPORT DATED
02/09/2022 SUBMITTED BY THE EXECUTIVE
ENGINEER ATTACHED TO THE DISTRICT
PANCHAYATH AGAINST THE PETITIONER.
EXHIBIT P50TRUE COPY OF THE APPROVED SITE PLAN IN
RESPECT OF THE FLAT OF THE 9TH
RESPONDENT.
EXHIBIT P51TRUE COPY OF THE APPROVED SERVICE PLAN
IN RESPECT OF THE FLAT OF THE 9TH
RESPONDENT.
RESPONDENT EXHIBITS :
EXHIBIT R7(A)TRUE COPY OF THE INSPECTION REPORT
DATED 1-4-2023
EXHIBIT R7(B)TRUE COPY OF THE REPORT OF THE JOINT
INSPECTION SUBMITTED BY THE DISTRICT
TOWN PLANNER DATED 1-8-2022
EXHIBIT R7(C)TRUE COPY OF THE REPORT FROM THE
QUALITY CONTROL DISTRICT LABORATORY,
MALAPPURAM OF THE KERALA WATER
AUTHORITY DATED 14-3-2022
PETITIONER EXHIBITS :
EXHIBIT P52THE TRUE COPY OF THE APPLICATION DATED
17/03/2023 FILED UNDER RTI ACT TO THE
KERALA WATER AUTHORITY DEPARTMENT,
MALAPPURAM.
EXHIBIT P53TRUE COPY OF THE RTI REPLY DATED
21/03/2023 OF EXHIBIT P52 APPLICATION.
// True Copy // PA To Judge
2 issues framed by the court
Whether the apartment complex of the 9th respondent violated the Kerala Panchayath Building Rules, 2019 regarding leach pit distances.
Whether the petitioner's well water was contaminated by the leach pits of the 9th respondent's building.
1 provisions across 1 enactments
Jayasree.K.
State of Kerala
Principal Secretary, Local Self Government Institutions Department
Director of Panchayaths
District Collector
District Disaster Management Authority
Mohammed Nias C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court