JUDGMENT

The case set up in this Writ Petition (Civil) is as follows:

Petitioner is aggrieved by the inaction on the part of the 1st and

2nd respondents in initiating legally envisaged action against the illegal construction of a septic tank within prohibited distance o ഫ(cid:2)

the petitioner's drinking water well by the 3rd respondent. Rule 104(4) of the Kerala Municipality Building Rules , 1999 specifically provides that no septic tank shall be allowed or made within a distance of 7.5 metres radius from the existing well used for supply of water for human consumption or domestic purpose or within 1.20 metres distance from the plot boundaries. The 3rd respondent in violation of the said norm is putting up a septic tank within prohibited distance. A suit was filed by the petitioner against the 3rd respondent and an interim order has been passed by the learned Munsiff inter alia holding that “He shall also maintain statu quo in respect of the construction of septic tank in plaint C schedule property as seen by Commissioner today”. However, the 3rd respondent is proceeding ahead with the illegal construction. Representation (Ext.P4) preferred by the petitioner before the 1st respondent