IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &

THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI THURSDAY, THE 22ND DAY OF AUGUST 2019 / 31ST SRAVANA, 1941 WA.No.1776 OF 2018 AGAINST THE JUDGMENT IN WP(C) NO.28252/2015(F) OF HIGH COURT OF KERALA APPELLANT/6TH RESPONDENT:

A.D RAMAKRISHNAN AGED 82 YEARS S/O DHARMARAJ, AIYYAR, DHARMARAJ BHAVAN, ANGADIPURAM, PERINTHALMANNA, MALAPPURAM DISTRICT 679322 BY ADVS.

SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENTS/WRIT PETITIONER AND RESPONDENTS 1 TO 5:

1 C.T SUNITHA W/O VENUGOPAL , KAMAL VILLA, ANGADIPURAM, PERINTHALMANNA, MALAPPURAM 679322

2 THE DISTRICT COLLECTOR MALAPPURAM, COLLECTORATE, MALAPPUZHA - 676 505.

3 DEPUTY DIRECTOR OF PANCHAYATS OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATS, MALAPPURAM - 676 505.

4 DISTRICT MEDICAL OFFICER (HEALTH) OFFICE OF THE DISTRICT MEDICAL OFFICER, MALAPPURAM- 676 505.

5 SECRETARY ANGADIPUAM GRAMA PANCHAYAT, P.O.ANGADIPURAM, MALAPPURAM DISTRICT - 676 505.

6 SUB COLLECTOR PERINTHALMANNA, MALAPPURAM DISTRICT - 679 322.

R1 BY ADV. SRI. ADV T.A UNNIKRISHNAN R2 TO 4 AND R6 BY GOVERNMENT PLEADER SYAMJI RAM R5 BY ADV. SRI.M.P.PRABHAKARAN (PALAKKAD)

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

'C.R'

C.K. ABDUL REHIM &

R. NARAYANA PISHARADI, JJ.

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W.A.No. 1776 of 2018 ---------------------------------------------------

Dated this the 22^nd day of August, 2019

JUDGMENT

Abdul Rehim,J The 6th respondent in the writ petition is the appellant herein.

The 1^st 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 1^st 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 2^nd respondent directing the 5^th 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 Secretary of the Grama Panchayath requesting the writ petitioner to stop the construction of the septic tank. Ext.P8 is the copy of a reply letter issued by the 3^rd respondent Deputy Director of Panchayaths to the Secretary of the Grama Panchayath, wherein it is mentioned that, the 'stop memo' issued to the writ petitioner cannot be withdrawn taking into consideration of the possibility of causing pollution to the drinking water source. In the said letter it is stated that, even though the distance to be maintained as per the Kerala Panchayath Building Rules, 2011 (hereinafter referred to as 'the Building Rules') is only 7.5 meters, there is a report and instructions of the District Collector. Therefore it is stated that the writ petitioner may be directed to shift the location of the septic tank to a distance of 15 Meters from the drinking water source. Ext.P9 is a letter issued by the Secretary of the Grama Panchayath to the writ petitioner requesting compliance of the directions contained in Ext.P8.

3. While considering the writ petition, the learned Single Judge observed that, the District Medical Officer had suggested shifting of the septic tank on the basis of provisions contained in the Madras Public Health Act, 1939 (hereinafter referred to as 'the Public Health Act'). But it was noticed in the judgment that, as per Rule 85 of the Building Rules the distance to be maintained is only 7.5 meters