IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 16619 OF 2022
PETITIONERS:
1 JOMIN ANTONY
RESIDING AT PULLICKAL HOUSE, THANAL - 64,
BOAT JETTY, CHANDY ROAD,
VADUTHALA, ERNAKULAM - 682 023.
2 VARGHESE JOSEPH
RESIDING AT POOTHAMPILLY HOUSE,
EAST OF PUMP HOUSE, TOLL GATE ROAD,
VADUTHALA, ERNAKULAM - 682 023.
3 ANTONY SHIBU
RESIDING AT KOLAPARAMBIL HOUSE,
THANAL - 73, BOAT JETTY,
CHANDY ROAD, VADUTHALA, ERNAKULAM - 682 023.
4 RAJESH K.S.
RESIDING AT KANNATH HOUSE, THANAL - 78,
BOAT JETTY, CHANDY ROAD,
VADUTHALA, ERNAKULAM - 682 023.
5 SUNIL P.G.
RESIDING AT PUTHUMANA HOUSE, THANAL - 79,
BOAT JETTY, CHANDY ROAD,
VADUTHALA, ERNAKULAM - 682 023.
6 JAMES ROY K.A.
RESIDING AT KALLUVEETIL HOUSE, THANAL - 98,
BOAT JETTY, CHANDY ROAD,
VADUTHALA, ERNAKULAM - 682 023.
7 STANSILAUS T.V.
RESIDING AT THEKUMTALA HOUSE, THANAL - 77,
BOAT JETTY, CHANDY ROAD,
VADUTHALA, ERNAKULAM - 682 023.
WP(C) NO. 16619 of 2022
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8 T.V.RAPHEL
RESIDING AT THEKUMTALA HOUSE, THANAL - 76,
BOAT JETTY, CHANDY ROAD,
VADUTHALA, ERNAKULAM - 682 023.
9 ANTONY ANEESH
RESIDING AT KOCHERY HOUSE, BOAT JETTY,
CHANDY ROAD, VADUTHALA, ERNAKULAM - 682 023.
BY ADVS.
K.JAJU BABU (SR.)
M.U.VIJAYALAKSHMI
BRIJESH MOHAN
RESPONDENTS:
1 KOCHI MUNICIPAL CORPORATION
BOAT JETTY, COCHIN - 682 011
REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY
KOCHI MUNICIPAL CORPORATION,
BOAT JETTY, COCHIN - 682 011.
BY ADV K.JANARDHANA SHENOY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 16619 of 2022
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JUDGMENT
Dated this the 29th day of June, 2022 The petitioners, who are residing on either side of the by- road starting from the side of KSEB Post No.BJ-19/15 situated on the side of the Chandy Road at Vaduthala, are before this Court seeking to direct the respondents to carry out repair/maintenance work of the by-road as requested in Ext.P2, without further delay.
2. The petitioners state that the road in question is in a pitiable and dilapidated stage. Vehicular traffic is difficult and pedestrian traffic is cumbersome. Though the local residents made repeated representations and request to the 1 st respondent seeking repair and maintenance of the road, no positive steps have been taken.
3. The petitioners state that the respondents have taken a decision to include the road in its Asset Register and it WP(C) NO. 16619 of 2022 4 has been included in the Asset Register now. However, the respondents are hesitant to repair and maintain the road.
4. Standing Counsel entered appearance for respondents 1 and 2. The Standing Counsel pointed out that in the normal course, the roads vested with the Municipal Corporation will be maintained properly, depending upon the availability of funds and other priority. In this case, since the petitioners have submitted a representation to the Secretary to the Kochi Municipal Corporation, the issue will be looked into by the Secretary.
5. I have heard the learned counsel for the petitioners and also the learned Standing Counsel representing the respondents.
6. Grievance of the petitioners is that the road near their residence has been included in the Asset Register of the Corporation. When the road vests with the Corporation, the Corporation authorities are bound to repair and maintain the WP(C) NO. 16619 of 2022 5 road properly. The road is in a dilapidated condition and the vehicular as well as pedestrian traffic is difficult now. It is in such circumstances that the petitioners have submitted Ext.P2 representation.
7. In view of the facts projected by the petitioners in the writ petition and after hearing the arguments raised on either side, this Court is of the view that the Secretary to the Kochi Corporation shall consider the grievance raised by the petitioner and others in Ext.P2, at the earliest.
In the circumstances, the writ petition is disposed of directing the 2nd respondent to consider Ext.P2 representation and take appropriate decision thereon, within a period of two weeks.
Sd/-
N.NAGARESH JUDGE spk WP(C) NO. 16619 of 2022 6 APPENDIX OF WP(C) 16619/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PHOTOGRAPHS SHOWING STARTING POINT OF THE BYE ROAD FROM CHANDY ROAD.
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 9/8/2021 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE RELEVANT EXTRACT OF THE AGENDA TAKEN BY THE COUNCIL OF THE KOCHI MUNICIPAL CORPORATION ON 08/03/2022.
RESPONDENT'S/S EXHIBITS : NIL