IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 9910 of 2009(G)
1. ALPHONSA.C.G., CHERUKAROTH HOUSE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. KUMBALANGHI GRAMA PANCHAYATH,
3. REVENUE DIVISIONAL OFFICER, KOCHI.
4. CHANDRA BOSE, S/O.SURENDRAN,
5. THE DISTRICT MEDICAL OFFICER,
For Petitioner :SRI.JOSHI N.THOMAS
For Respondent :SRI.N.N.SUGUNAPALAN (SR.)
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :19/10/2009
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.9910 OF 2009
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Dated this the 19th day of October, 2009
JUDGMENT
The petitioner alleges that the 4th respondent is carrying on
certain activity of construction of septic tank etc. in a manner
depriving the petitioner and her daughter of peaceful living.
The third respondent Revenue Divisional Officer has taken a
view that proceedings under Section 133 Cr.P.C. is not
warranted. The second respondent grama panchayat, through
counsel, states that discussions were held for a negotiated
settlement, on the basis of Ext.P4, however, that there is no
reason to issue any direction as sought for by the petitioner,
since, according to the grama panchayat, no reason could be
attributed to the 4th respondent as alleged.
With the aforesaid, all that is required at this point of time
is for the competent authority in the second respondent to issue
appropriate orders in terms of the statutory provisions, so that
WPC.9910/09
Page numbers
the petitioner, if aggrieved, could take that matter to the further
statutory authorities in accordance with law and seek redressal.
Let such orders be issued within a period of four weeks from the
date of receipt of a copy of this judgment. All issues on merits
are left open. This writ petition is ordered accordingly.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
kkb.21/10.