IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 23326 of 2006(B)
1. MISS.P.R.SUMATHI, D/O.SRI.P.K.RAVUNNI,
... Petitioner
2. MISS.P.R.OMANA, D/O.SRI.P.K.RAVUNNI,
Vs
1. THE SECRETARY, EDATHIRITHI GRAMA
... Respondent
2. PRESIDENT, EDATHIRITHI GRAMA
3. THE STATE OF KERALA, REPRESENTED
For Petitioner :SRI.J.WILLIAM JOHN
For Respondent :SRI.JOICE GEORGE
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :12/01/2007
O R D E R
PIUS C.KURIAKOSE, J.
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W.P.(C)NO. 23326 of 2006
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Dated this 12th day of January, 2007
JUDGMENT
This writ petition has been filed complaining that there is
water logging in the compound of the petitioners due to the
failure on the part of the 2nd respondent Panchayat to provide
drainage facilities on the Netaji road which is situated by the
side of the petitioners’ compound. The averments in the writ
petition and the various photographs produced along with the
same will show that the grievance voiced by the petitioners is a
genuine one.
2. The Panchayat has filed a detailed statement, in which
the petitioners’ allegation that for want of drainage and the
petitioners’ compound is getting flooded is not disputed. To the
statement a reply affidavit has been filed by the petitioners
reiterating his contentions in the writ petition.
3.Heard Sri.J.William John, the learned counsel for the
petitioners, Sri.Joice George, the learned Standing Counsel for
the respondent Panchayat and Sri.Mathew G.Vadakkal, the
WPC No.23326/2006 2
learned Government Pleader. The counsel for the Panchayat
would submit that when the Panchayat invited tenders for doing
drainage construction work, but there was no response.
Thereafter quotations were invited. Response was nill. The
Panchayat would have been inclined to execute the work by
itself. According to the learned Standing counsel for the
Panchayat, the Panchayat may not be able to execute this work
by itself since this work does not involve any earth work and
the Panchayat normally executes only works in which atleast
75% of the work involved is earth work.
4. Considering the gravity of problem which is being faced
by the petitioners, I am of the view that there is justification for
directing the Panchayat to deviate from the rule and execute
the work by itself. The Panchayat will treat the petitioners’ case
as a special one and execute the work of constructing drain by
the side of the Netaji road so that the water logging problem in
the compound of the petitioners will be abated once for at all.
This writ petition will stand disposed of directing the
respondent Panchayat to construct a proper drain by the side of
Netaji Road so as to allow water from the compound of the
petitioner flow through the same and thereby prevent water
WPC No.23326/2006 3
logging in the compound of the petitioners. Needful will be done
by the Panchayat within three months of receiving a copy of this
judgment. It is needless to mention that execution of the work
will be in terms of the project which has been approved by the
Block level Expert Committee.
PIUS C.KURIAKOSE
Judge
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