Panikker’S Lane Residents … vs The Kerala Road Fund Board on 16 August, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 23535 of 2010(N)


1. PANIKKER'S LANE RESIDENTS ASSOCIATION
                      ...  Petitioner

                        Vs



1. THE KERALA ROAD FUND BOARD
                       ...       Respondent

2. THE WATER RESOURCES (MI) DEPARTMENT

3. STATE OF KERALA REPRESENTED BY THE

4. THE THIRUVANANTHAPURAM CORPORATION

                For Petitioner  :SRI.V.G.ARUN

                For Respondent  :SRI.K.JAJU BABU,SC,KERALA ROAD FUND BOA

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :16/08/2010

 O R D E R
                             S.SIRI JAGAN, J.
                     ==================
                       W.P.(C).No. 23535 of 2010
                     ==================
               Dated this the 16th day of August, 2010.

                               JUDGMENT

The petitioner is a Residents’ Association. They are

aggrieved by the construction of a culvert in the

Sasthamangalam-Vellayambalam road in Trivandrum for the

process of widening the said road. Their grievance is that the

Chief Engineer has given Ext.P7 recommendation in the matter of

construction of that culvert, which has been given a go-by in the

matter. Petitioner therefore seeks the following reliefs:-

i)to issue a writ of mandamus directing the 3rd
respondent to issue necessary directions to the 1st
respondent to forebear from constructing a culvert
across the Sasthamangalam-Vellayambalam road, in
order to collect water from the southern and northern
sides of the road and to flow out the water through the
channel on the northern side of the road;

ii) to declare that the 1st respondent has not been
conferred with the authority to change the existing
drainage system, used for draining out water from the
drains on either side of the Sasthamangalam-
Vellayambalam road;

iii)to issue a writ of mandamus directing the respondent 2
and 4 to take necessary action so as to ensure that the
low lying areas on the northern side of the
Sasthamangalam -Vellayambalam road does not get in
undated due to overflow of water from the channel
carrying the water from the main drain on the side of
the Sasthamangalam-Vellayambalam road, to the
Killiyar thodu;

and

W.P.(C).No. 23535 of 2010 2

iv)to grant such other reliefs as this Honourable Court may
deem fit in the circumstances of this case.

2. The learned Government Pleader and the learned counsel

for the first respondent submits that the matter is now pending

before the 3rd respondent for finalisation pursuant to Ext.P9 and,

therefore, it is only appropriate that the 3rd respondent takes a

final decision in the matter.

Having heard both sides , I dispose of this writ petition with

a direction to 3rd respondent to take final decision in the matter

pursuant to Ext.P9 expeditiously. Needless to say till the 3rd

respondent takes a final decision, the construction of the culvert

shall be kept in abeyance.

S.SIRI JAGAN, JUDGE

mns