Jomin Antony vs Kochi Municipal Corporation
2022 Latest Caselaw 7978 Ker

          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

                                3




                             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

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

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

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