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2022 Supreme(Online)(KER) 36446
HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
NISHA CHANDRAN – Appellant
Versus
CHENGANNUR MUNICIPALITY – Respondent
WP(C)/18902/2022
M.NARENDRA KUMAR, HARSHADEV M., S.HARIKRISHNAN
The Municipality has the authority to address public nuisances under the Kerala Municipality Act, emphasizing the need for lawful handling of drainage issues.
Headnote:
Nuisance - Water Logging - Kerala Municipality Act - Sections 360, 361, 362 - The court emphasized the Municipality's authority under the Kerala Municipality Act to issue notices regarding water logging and public nuisance, ensuring proper drainage and lawful actions against obstructions.
Fact of the Case:
Residents filed writ petitions against water logging on a public road caused by a check dam constructed by a private property owner, seeking intervention from local authorities after multiple complaints went unaddressed.
Finding of the Court:
The court determined that the municipality had the authority to issue notices for restoring water flow and directed the concerned authorities to address public nuisance and complaints in accordance with the law.
Issues: Whether the municipality had jurisdiction to issue notices regarding the public nuisance and whether the actions taken were justified under the Kerala Municipality Act.
Ratio Decidendi: The court held that the Municipality acted within its jurisdiction under the Kerala Municipality Act to address the public nuisance caused by water logging.
Final Decision: Writ petitions disposed of with directions to the Municipality to consider representations and take appropriate actions.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 11TH DAY OF JULY 2022 / 20TH ASHADHA, 1944 WP(C) NO. 15243 OF 2022 PETITIONERS:
1 VIJU V NAIR AGED 56 YEARS, S/O. G. VIJAYAN NAIR VYJAYANTH, THITTAMEL, CHENGANNUR VILLAGE, ALAPPUZHA DISTRICT, PIN – 689121
2 ASHOK C AGED 45 YEARS, MANAGER, CHINMAYA VIDYALAYA, CHENGANNUR P.O., ALAPPUZHA DISTRICT, PIN – 689121 BY ADVS.C.S.MANU T.B.SIVAPRASAD C.A.ANUPAMAN DILU JOSEPH C.Y.VIJAY KUMAR MANJU E.R.
ALINT JOSEPH PAUL JOSE ANANDHU SATHEESH RESPONDENTS:
1 CHENGANNUR MUNICIPALITY CHENGANNUR, REPRESENTED BY THE SECRETARY, PIN - 689121
2 SECRETARY CHENGANNUR MUNICIPALITY, CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689121
3 SUB-DIVISIONAL MAGISTRATE AND REVENUE DIVISIONAL OFFICER CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689121
4 CHANDRAN PILLAI CHETTYCHALIL HOUSE, CHERUVELIL, ARATTUPUZHA ,ALAPPUZHA, PIN - 690535 ADDL.R5: NISHA CHANDRAN, CHENNAMVELIL HOUSE, ARATTUPUZHA P.O., ARATTUPUZHA, ALAPPUZHA DISTRICT PIN – 690535 ADDL.R5 IS IMPLEADED AS PER ORDER DATED
01.07.2022 IN IA NO. 1/2022 IN WPC NO.15243/2022.
BY ADVS.
SHRI.S.HARIKRISHNAN, SC, MUNICIPALITY NARENDRA KUMAR M OTHER PRESENT:
SMT.VIDYA KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.07.2022, ALONG WITH WP(C).18902/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 11TH DAY OF JULY 2022 / 20TH ASHADHA, 1944 WP(C) NO. 18902 OF 2022 PETITIONER:
NISHA CHANDRAN AGED 47 YEARS AGED 47 W/O ANILKUMAR , CHENNAMVELIL, ARATTUPUZHA, ARANMULA ALAPPUZHA DISTRICT, PIN - 689123 BY ADVS.
M.NARENDRA KUMAR HARSHADEV M. RESPONDENTS:
1 CHENGANNUR MUNICIPALITY MUNICIPAL BUILDING, CHENGANNUR -
PIN - 689 121 ALAPPUZHA -
REPRESENTED BY ITS SECRETARY
2 SECRETARY, CHENGANNUR MUNICIPALITY, MUNICIPAL BUILDING, CHENGANNUR, ALAPPUZHA, PIN- 689 121 BY ADVS.Harikrishnan S THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.07.2022, ALONG WITH WP(C).15243/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J. --------------------------------
W.P.(C).Nos.15243 & 18902 of 2022 ----------------------------------------------
Dated this the 11th day of July, 2022
JUDGMENT
These two writ petitions are connected and therefore, I am disposing these writ petitions by a common judgment.
2. I will narrate the facts in W.P.(C). No.15243 of 2022 first.
The prayers in this writ petition are extracted hereunder:
i. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 to 3 to take immediate steps for abating public nuisance of water logging at the Vellavur-Kizhakkenada road by removing the Thadayana (checkdam) put up by the 4th respondent in his property.
ii. Allow cost of the petition to the petitioner.
iii. Grant such other and further reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case.
(SIC)
3. The petitioners are residents of Chengannur town.
They are aggrieved by the water logging of the Vellavur Kizhakkenada road, which is a road at the heart of Chengannur town. According to the petitioners, this road is a connecting road from the State Highway MC road to the Mangalam bye-pass and the Chengannur Mahadevar temple. It is the definite case of the petitioners that the water logging of the said road is caused by construction of a thadayana (check dam) for preventing the passage of water to the Perunkalam Padasekharam. The Chinmaya School is situated in the locality. The 2nd petitioner is the manager of Chinmaya School. The residents of the said locality and also the school children are highly affected by the water logging of the said road. In the said circumstances the petitioners as well as several other persons including school authorities submitted complaints to the respondents for taking necessary action for preventing water logging. It is the case of the petitioners that there was no response from the side of
