JUDGMENT

Dated this the 5th day of October, 2021 The petitioner, who is a resident of Mulakkuzha Grama Panchayat has filed this writ petition seeking to direct the 1st respondent to depute an officer to abate the nuisance caused by the 9th respondent by removing the faecal collection tank constructed by the 9th respondent. The petitioner has also sought for certain other incidental and consequential reliefs.

2. The petitioner would state that he is a resident of Ward No.III of Mulakkuzha Grama Panchayat. The 9th respondent is having a property on the southern side of the petitioner's property. A private path way exists to the property owned by the 9th respondent from the MC Road, along the western side of the petitioner's property. The said pathway is having approximately 1.5 meter width. According to the petitioner, Pampa Irrigation Canal is also passing hardly 20 meters away from the said pathway.

3. The petitioner states that the 9th respondent constructed a three storied building with lodging facility for migrant workers. The construction itself is illegal, contended the petitioner. The 9th respondent has installed an underground tank on the pathway, for collecting feacal waste f