Petitioner sought writ relief against unauthorized wastewater diversion affecting his land. Court directed Thrikkakara Municipality to complete drainage closure works within three months with police assistance.
Directs the Municipality to complete closure of illegal drainage outlets within three months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 17TH DAY OF JULY 2024 / 26TH ASHADHA, 1946
WP(C) NO. 9416 OF 2024
PETITIONER:
PAVALIUS HOMES PVT. LTD, AGED 38 YEARS REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER M.S. PRADEEP KUMAR, S/O. KUMAR, NO. 10, FIRST FLOOR, CONFIDENT GEMS, INFOPARK, KOCHI, PIN - 682030
BY ADVS. SANJAY THAMPI B.JITHU
RESPONDENTS:
1 THRIKKAKARA MUNICIPALITY, MUNICIPAL OFFICE ,THRIKKAKARA P.O., ERNAKULAM, REPRESENTED BY ITS SECRETARY, PIN - 682030
2 THE SECRETARY,
THRIKKAKARA MUNICIPALITY, MUNICIPAL OFFICE THRIKKAKARA P.O., ERNAKULAM, PIN - 682030
3 THE STATION HOUSE OFFICER, INFOPARK POLICE STATION, INFOPARK PO, NEAR INFOPARK SOUTH GATE , KAKKANAD, KOCHI, PIN - 682042
BY ADV S.JAMAL, SC, THRIKKAKARA MUNICIPALITY
SMT.DEVI SHRI R., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C)No.9416 of 2024
MOHAMMED NIAS C.P., J.
WP(C) No.9416 of 2024
Dated this the 17th day of July, 2024
JUDGMENT
Petitioner is stated to be the owner of 376 Cents of land in
Survey No.697/4-6,7. 4 in Block No.9 of Kakkanad Village.
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complaint before the Municipality, which is seen ackonowledged by Ext.P5. The petitioner prays for a direction to the second respondent to take appropriate action to demolish the illegally constructed drainage.
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WP(C)No.9416 of 2024
Police force on 21.5.2024. However, the same was postponed due to heavy rain.
The writ petition is disposed of as above.
Sd/-MOHAMMED NIAS C.P.
JUDGE
dlk/17.7.2024
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WP(C)No.9416 of 2024
APPENDIX OF WP(C) 9416/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DEVELOPMENT PERMIT ISSUED BY THE THRIKKAKARA MUNICIPALITY DATED 15/01/2024 EXHIBIT P2 TRUE COPY OF THE LOCATION PLAN CERTIFICATE ISSUED BY 1ST RESPONDENT EXHIBIT P3 TRUE PHOTOGRAPHS OF THE ILLEGAL DRAINAGE AND WASTE DUMPED IN THE PROPERTY EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGE PERTAINING TO THE ABOVE FACT ISSUED BY THE 1ST RESPONDENT MUNICIPALITY
EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE 1ST RESPONDENT BEARING NO. PGRG-00003132-2024 DATED 05/02/2024 EXHIBIT P6 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER DATED 05/02/2024 BEFORE THE 3RD RESPONDENT
EXHIBIT P7 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE 3RD RESPONDENT BEARING NO. 4497/2024 DATED 05/02/2024
EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED 05/02/2024 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT
EXHIBIT P9 TRUE PHOTOGRAPHS EVIDENCING THE DIVERSION OF WASTE WATER TO PETITIONER'S PROPERTY AND THE WATER LOGGING
1 issue framed by the court
Whether the Municipality was directed to remove unauthorized wastewater discharge from the petitioner's property?
PAVALIUS HOMES PVT. LTD
THRIKKAKARA MUNICIPALITY
THE SECRETARY, THRIKKAKARA MUNICIPALITY
THE STATION HOUSE OFFICER, INFOPARK POLICE STATION
DISTRICT MEDICAL OFFICER
MOHAMMED NIAS C.P
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
