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2019 Supreme(Ker) 728

C.K.ABDUL REHIM, R.NARAYANA PISHARADI
A. D. Ramakrishnan S/o Dharmaraj – Appellant
Versus
C. T. Sunitha W/o Venugopal – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri. P.B. Sahasranaman, Sri. K. Jagadeesh, Sri. T.S. Harikumar.
For the Respondents: Sri. P.P. Thajudheen, Sri. Syamji Ram, Sri. M.P. Prabhakaran.

JUDGMENT :

C.K. ABDUL REHIM, J.

1. The 6th respondent in the writ petition is the appellant herein. The 1st respondent herein is the writ petitioner and respondents 2 to 6 are the respondents 1 to 5 in the writ petition.

2. Challenge in the writ petition was against Exts.P2, P3, P8 and P9 proceedings. The 1st respondent/writ petitioner was constructing a residential building after obtaining a building permit from the Grama Panchayath. Ext.P2 is a notice issued by the 2nd respondent directing the 5th respondent to take steps for stoppage of construction of the septic tank of the said building by the writ petitioner. It is stated that, the direction was issued based on a compliant lodged by the appellant herein and based on a report obtained from the Deputy District Medical Officer, Malappuram, that the septic tank is being constructed without keeping the distance of 15 Meters from the nearest drinking water source, as stipulated under the Public Health Act and that there are chances of polluting the drinking water source. Ext.P3 is the consequential stop memo issued by the Secret

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