High Court Kerala High Court

K.P.Varghese vs State Of Kerala on 11 July, 2007

Kerala High Court
K.P.Varghese vs State Of Kerala on 11 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 18174 of 2007(L)


1. K.P.VARGHESE, S/O. POULOSE, AGED 51 YRS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

3. PUTHRIKA GRAMA PANCHAYAT,

4. VADAVUKODE BLOCK PANCHAYAT,

5. A.B.SLEEBA, AGED 50 YEARS, S/O. VARKEY,

6. C.K.THANKAPPAN,

7. ASSISTANT EXECUTIVE ENGINEER,

                For Petitioner  :SRI.PAUL K.VARGHESE

                For Respondent  :SRI.NIREESH MATHEW

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :11/07/2007

 O R D E R
                             K.M.JOSEPH, J.

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                W.P.(C).No. 18174 OF 2007

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                    Dated this the 11th day of July, 2007


                                 JUDGMENT

Prayer in the writ petition is for a direction to respondents 2

to 7 to consider the grievances of the petitioner and provide

adequate protection to his property as well as compound wall by

providing necessary drainage as well as retaining wall on the

northern side of the petitioner’s property and restore the entry to

the petitioner’s property from the road within a time. There is a

further prayer for a direction to the 7th respondent to produce the

entire file relating to the construction of Chemala colony

KarikkattuMala road including its plan, estimate etc.

2. Counter affidavit is filed by respondents 5 and 6.

Therein, it is interalia stated as follows:

” It is submitted that the averments in para

5 is not correct and hence denied. It is

submitted that all the maintenance work of the

above mentioned road is almost over and a small

drainage was constructed as per the estimate to

WPC No.18174/07 2

facilitate the drainage of waste water on the side

of the road. The above mentioned drainage was

constructed by the respondents after giving the

necessary width from the petitioner’s compound

wall. No damage has been done to the

petitioner’s compound wall by constructing the

above mentioned drainage. The above mentioned

drainage is properly constructed and the side

walls is properly concreted and plastered by

using cement by the respondents. It is

submitted that proper drainage is also provided

to the petitioner’s property.”

Recording the above statement in the counter affidavit, the

writ petition is disposed of. If the petitioner has any further

grievance, he may bring it to the notice of the local authority for

appropriate reliefs in accordance with law.

(K.M.JOSEPH, JUDGE)

sv.

WPC No.18174/07 3