The grievance of the petitioner in this writ petition concerns the nuisance caused to him on account of the prawn farming activity carried on by the second respondent in the property adjoining to the property of the petitioner.
2. Petitioner had earlier approached this Court highlighting his grievances, and as per Ext.P1 judgment, this Court directed the first respondent to take appropriate decision in the matter. Pursuant to Ext.P1 judgment, Ext.P2 decision was taken by the first respondent, directing the construction of a retaining wall separating the property in which prawn farming activity is carried on and the remaining properties in the neighbourhood, including the property of the petitioner. As per Ext.P2 decision, the first respondent has also directed the third respondent to prepare an estimate of the cost of construction of the work and the local Panchayath to ascertain and inform, as to whether the proposed construction could be included in any one of the schemes of the Panchayath. The grievance of the petitioner in this writ petition is that follow up action pursuant to Ext.P2 decision is not being taken by the first respondent and as such, the nuisance caused to him on account of the prawn farming activity continues even now.
3. Having taken a decision in the matter as directed by this Court, the first respondent is duty bound to initiate all possible endeavours to implement the decision taken by him. A perusal of Ext.P2 decision indicates that it is only a preliminary decision and further decisions need to be taken, after getting the estimate of the work prepared and after receiving the information directed to be furnished by the local Panchayat.
4. In the aforesaid facts and circumstances, the first respondent is directed to initiate steps to get the estimate of the work ordered in Ext.P2 prepared; obtain the views of the Panchayat as directed in Ext.P2 and then issue appropriate follow up orders, for implementation of Ext.P2 decision.
The writ petition is disposed of as above.
SD/- P.B.SURESH KUMAR, JUDGE JV