Dated this the 15th day of November, 2021 This writ petition is filed by the petitioners seeking the following reliefs:

i) Issue a writ of mandamus or any other appropriate writ or order directing 1st respondent to close down the public latrine situated at Temple West Colony in Ward No.15 of Nayarambalam Grama Panchayat forthwith.

ii) Issue a writ of mandamus or any other appropriate writ or order directing 3rd respondent to take immediate appropriate following action to implement Exhibit P4 direction forthwith.

iii) Grant such other reliefs as this Honourable Court may deem fit and proper in the circumstances of this case

2. The contention put forth by the petitioners is that a public latrine, causing eminent danger and health hazards to the life of the petitioners, is situated within the limits of the Nayarambalam Grama Panchayat – the 1st respondent. It is also the case of the petitioners that the District Medical Officer has submitted Exhibit P3 report stating that the toilet complex is in a dilapidated condition and septic waste is being flown out of the toilet structure. The case projected by the petitioners is that even though sufficient representation was made before the Grama Panchayat to remove the toilet structure on the basis of the report of the Medical Officer, no action was initiated by the Secretary or the Grama Panchayat, which persuaded the petitioners to approach this Court.

3. A statement is filed for and on behalf of the Grama Panchayat, which reads thus:

2. The Temple West Colony is a Settlement Colony in which lots of schedule caste families are residing. Three families belonging to Ammini Kappithara, Haridas Thevaran and Jaya Kilikodan belonging to schedule caste community is not having toilets and they are depending upon the said public latrine. Due to the continuous complaints of the petitioners the panchayth had closed down the same and effected necessary repairs and maintenance were made.

3. As per the Government guidelines the Grama Sabha had formulated scheme for construction of toilets for schedule caste families in which the said three families are included. The same was approved by the Standing Committee which in turn is approved by the Panchayath Committee. The scheme is uploaded in the Government Software and the District Planning Committee approved the same. The Panchayath had published the same in newspapers inviting public objections and the final approval has made for the scheme on 6/3/2013. Now the approved scheme is forwarded to the implementation officer. The implementation officer will be giving notice to the three families to start the construction of the toilet scheme is within a reasonable time. The sanctioned amount for construction of the toilet to the three families will be disbursed immediately on construction of the same. On completion of the construction by the aforesaid three families, the Panchayath on effecting measurement of the land by the concerned Village Officer will take steps to demolish the same. The public toilet is retained by effecting necessary repairs, considering the basic need of the hapless three families. The public toilet will be retained till the toilets are constructed by them using the fund sanctioned in the scheme.”

4. Petitioner has filed a reply affidavit reiterating the stand adopted in the writ petition.

5. I have heard learned counsel for petitioners Sri.T.N.Suresh and perused the pleadings and materials on record.

6. The sole question to be considered is whether at this distance of time, any direction is to be issued to remove the toilet complex, especially due to the fact that the Grama Panchayath has filed a statement to the effect that the Grama Panchayath is taking steps to construct toilet for three families, who are using the public toilet ?

7. In that view of the matter and taking into account the apprehension voiced by the petitioners, I dispose of this writ petition directing the Nayarambalam Grama Panchayath - 1st respondent, to take app