Kerala High Court
Sudhakaran vs The Secretary on 28 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
WP(C) NO. 17534 OF 2020
PETITIONERS:
1 SUDHAKARAN,
AGED 54 YEARS, S/O.GOPALAN,
GOURIKRIPA(NADUKKANDIYIL HOUSE,
MAYYANNOOR P.O., VADAKARA TALUK, PIN 673 542.
2 CHATHU
AGED 81 YEARS, S/O.CHEKKU,
NADUKKANDIYIL HOUSE, MAYYANNOOR P.O.,
VADAKARA TALUK, PIN 673 542.
BY ADV ZUBAIR PULIKKOOL
RESPONDENTS:
1 THE SECRETARY,
VILLIAPPALLY GRAMA PANCHAYAT,
VADAKARA TALUK, PIN-673 541.
2 JAYAKRISHANAN K C
AGED 60 YEARS, W/O.KUNHIRAMAN,
NADUKKANDIYIL HOUSE, MAYYANNOOR P.O.,
VADAKARA TALUK, PIN 673 542.
3 JAYACHANDRAN MASTER
AGED 58 YEARS, S/O.,KANNANKUTTY,
THANAL VARIAMVEETTIL HOUSE, MAYYANNOOR P.O.,
VADAKARA TALUK, PIN 673 542.
4 GIREESH, AGED 53 YEARS
S/O.KUNHIRAMAN, SEETHALAYAM,
KANIANKANDIYIL HOUSE, MAYYANNOOR P.O.,
VADAKARA TALUK, PIN 673 542.
BY ADVS.SRI.T.SETHUMADHAVAN (SR.)
SRI.KRISHNADAS P. NAIR
SMT.K.L.SREEKALA
SMT.PREETHI. P.V.
SRI.HARIDAS P.NAIR
SRI.M.A.VINOD
SRI.M.RAJESH KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.17534/2020
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.17534 of 2020
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Dated this the 28th day of June, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. To issue a writ of mandamus or such other
appropriate writ, order or direction directing the
first respondent to take action against the
complaint of the petitioners to remove the soil
from Nalamkandom - Kunnamkulam Road as
stated in Ext.P6 within a time frame.
ii. To grant such other order or direction which this
Honourable Court would deem just and proper in
the facts and circumstances of the case.
(SIC)
2. The petitioners are some of the inhabitants near
Nalamkandom Kunnamkulam Road. It is the case of the
petitioners that respondents 2 to 4 illegally dumped soil on the
Nalamkandom-Kunnamkulam Road, which resulted stagnation
of water in that area. The complaints were submitted by the
W.P.(C).No.17534/2020
inhabitants before the 1st respondent. The 1st respondent
conducted enquiry and convinced that the illegal construction
of the road unscientifically resulted to this problem. It is also
the case of the petitioners that though steps were taken by the
1st respondent it has not been completed. Still the water
logging problem is there in monsoon season. It is the further
case of the petitioners that the 1 st respondent is not doing
anything to solve this issue. Hence, this Writ Petition.
3. Heard the learned counsel for the petitioners and
the learned counsel appearing for the 1 st respondent
Panchayat. I also heard the learned counsel for respondents 2
to 4.
4. When this writ petition came up for consideration
on 27.10.2020, this Court passed the following order:
"The learned counsel for the panchayat submits that
there is a deposit of soil and filth near to the house of
the petitioners and a proposal is pending for
construction of a drainage on the other side of the
road.
Taking note of the fact as above, the 1st respondent
shall take immediate steps to remove the soil or any
other deposit in the existing drainage within a period
of one week."
W.P.(C).No.17534/2020
3. It s submitted by the learned counsel for the 1 st
respondent that the above order is complied. Thereafter on
11.11.2020, this Court directed the Panchayat to file a
statement about the time within which they can undertake the
construction to widen the existing drainage to resolve the
issue of water logging. Now an affidavit is filed by the
Panchayat stating that because of the lack of fund in the
previous financial year, the work was not undertaken and
necessary steps will be taken by the Panchayat based on the
availability of fund.
4. This Court considered Ext.P7 photographs from
which the water logging in this area is clear. This is a matter
to be looked into by the 1 st respondent seriously. The 1st
respondent should take necessary steps to complete the work
in this financial year itself giving priority to this work.
Therefore, this writ petition is disposed of in the
following manner:
The 1st respondent Panchayat will take
appropriate steps to undertake the
construction to widen the existing drainage to
resolve the water logging in the area in
W.P.(C).No.17534/2020
dispute, as expeditiously as possible, at any
rate, during this financial year itself, giving
priority to this work.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.17534/2020
APPENDIX OF WP(C) 17534/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE MASS PETITION DATED
NIL SUBMITTED BY THE INHABITANTS OF
THE NALAMKANDOM-KUNNAMKULANGARA ROAD,
BEFORE THE FIRST RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE REPLY BY THE
TAHSILDAR, VADAKARA DATED 29/1/20 TO
THE PETITIONERS.
EXHIBIT P3 TRUE COPY OF THE FILE EXTRACT ISSUED
BY VILLIAPPALY GRAMA PANCHAYAT TO THE
2ND PETITIONER.
EXHIBIT P4 TRUE COPY OF THE RESOLUTION NO.132/19
OF FIRST RESPONDENT DATED 17/7/2019.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED
26/9/2019 SUBMITTED BY ASST.ENGINEER
LSGD SECTION, VILLIAPPALLY TO THE
FIRST RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE LETTER SUBMITTED BY
ASST.ENGINEER LSGD SECTION,
VILLIAPPALLY TO THE FIRST RESPONDENT.
EXHIBIT P7 THE PHOTOGRAPHS SHOWING THE REAL
PATHETIC CONDITION OF THE PETITIONERS
