JU D G MENT

The case set up in this WP(c) is as follows: The petitioner in this Writ Petition is seeking for a direction to the 3rd respondent, The Secretary Cheranalloor Gramapanchayath, to ensure that,the 4th respondent does not in any manner cause discharge of solid as well as liquid waste from her cow shed and hotel in the property of the petitioner or the nearby public pathway. The 4th respondent is the neighbour of the petitioner and without any care or caution for clean air, water and atmosphere, she causes waste from hotel and cow shed in to her property in open space and into the property of the petitioner, neglecting the repeated request of the petitioner and near ones. On 26/02/2020, the petitioner, who is undergoing Chemotherapy and who is a Chronic heart patient submitted a complaint before the Secretary Cheranalloor Gramapanchayath complaining about the nuisance caused by the 4th respondent. That on 02/03/2020, there being no response to Exhibit P1, the petitioner submitted another representation before the Secretary Cheranalloor Gramapanchayath on almost the same terms as earlier complaint. There is no action on the part of the 3rd respondent on the above representation also.

2. It is in the light of these averments and contentions, the petitioner has filed this instant WP(c) with the following prayers.

(I) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 3rd respondent to ensure that the 4th respondent does not conduct a hotel business in her premises without obtaining license and to ensure that the 4th respondent does not cause discharge of solid and liquid waste in to the petitioner's peroperty or into the adjoining public street.

3. Heard Smt.Nazeeba.O.H, learned counsel appearing for the petitioner, Sri.K.J.Manu Raj, learned Government Pleader appearing for R1- State of Kerala and Sri.T.Naveen, learned Standing Counsel for the Kerala State Pollution Control Board appearing for R5. In the nature of orders proposed to be passed, notice to R2 to R3 will stand dispensed with.

4. Taking in to account, the facts and circumstances of the case, it is ordered in the interest of justice that the 3rd respondent Secretary of the Cheranelloor Gramapanchayat will take up for consideration, Exts.P1 and P2 representations filed by the petitioner for consideration without much delay and after affording reasonable opportunity of being heard to the petitioner as well as the 3rd respondent, will render appropriate decision thereon in accordance with law without much delay preferably within a period of one month from the date of production of a certified copy of this judgment.

With these observations and directions this writ petition (civil) will stand finally disposed of.

Sd/-

ALEXANDER THOMAS

Nsd//true copy// JUDGE

PA to Judge

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 3RD RESPONDENT DATED 26.02.2020.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE SECRETARY OF THE GRAMA PANCHAYATH DATED 02.03.2020.