George Thomas @ Jibi Thomas vs Cochin Corporation
2023 Latest Caselaw 405 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                      WP(C) NO. 21482 OF 2022
PETITIONER:

          GEORGE THOMAS @ JIBI THOMAS
          AGED 54 YEARS
          MANAGING DIRECTOR,
          ARYABHANGI BUILDERS PRIVATE LIMITED
          PANAMPILLY NAGAR, ERNAKULAM-682036.

          BY ADVS.
          K.C.ELDHO
          S.BIJILAL


RESPONDENTS:

    1     COCHIN CORPORATION
          REPRESENTED BY ITS SECRETARY,
          OFFICE OF THE COCHIN CORPORATION,
          ERNAKULAM- 682011.

    2     GREATER COCHIN DEVELOPMENT AUTHORITY
          (GCDA) REPRESENTED BY ITS SECRETARY
          OFFICE OF THE GREATER COCHIN DEVELOPMENT
          AUTHORITY, ERNAKULAM - 682020.

          BY ADVS.
          R.HARISHANKAR
          M.K.THANKAPPAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                       2


WP(C) No. 21482 of 2022




                              JUDGMENT

Dated this the 11th day of January, 2023

The petitioner, who is the owner of a property in Panampilly

Nagar and who is constructing residential flats in the property, is

before this Court seeking to direct respondents 1 and 2 to take

immediate action on Ext.P3 representation and resolve the

waterlogging issue in Thoundayil Lane, 4th Cross Road,

Panampilly Nagar Lane, Panampilly Nagar by providing drainage

within a time limit stipulated by this Court.

2. After hearing the matter for a considerable time, it has

come out that there is a dispute between the 1 st respondent-

Cochin Corporation and the 2nd respondent-GCDA as to who shall

maintain and repair the road in question. The Standing Counsel

for the 2nd respondent would state that all roads are surrendered to

WP(C) No. 21482 of 2022

the District Collector, and it is the duty of the District Collector to

maintain the road.

2. At this stage, the counsel for the petitioner submitted

that taking into consideration the seriousness of the waterlogging

issue, the petitioner is willing to repair the road and construct

drainage through Thoundayil Lane. The Respondents 1 and 2

have no objection to that, provided the construction is made as per

the directions and under the supervision of the 1st respondent.

In view of the above, taking into consideration the urgent

necessity to avoid the waterlogging issues in the Panampilly

Nagar area, the writ petition is disposed of permitting the petitioner

to repair the Thoundayil Lane and construct drainage to the lane

under the strict guidance and direction as per the specification

provided by the 1st respondent-Cochin Corporation. It is made

clear that construction of drainage and road as directed above will

not confer any right on the petitioner over the drainage or road so

WP(C) No. 21482 of 2022

constructed, in future. The petitioner will not be entitled to make

any demand, monetary or non-monetary, on the basis of this

judgment, for construction made as permitted above.

Sd/-

N. NAGARESH JUDGE ams

WP(C) No. 21482 of 2022

APPENDIX OF WP(C) 21482/2022

PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE 1ST RESPONDENT CORPORATION Exhibit P2 A TRUE COPY OF THE PHOTOGRAPH SHOWING WATER LOGGING IN THOUNDAYIL LANE, 4TH CROSS ROAD, PANAMPILLY NAGAR LANE.

Exhibit P3 A TRUE COPY OF MASS REPRESENTATION SUBMITTED BY THE RESIDENTS THOUNDAYIL LANE, INCLUDING THE PETITIONER.

Exhibit P4 A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT OF EXHIBIT P3 16/11/2021.

Exhibit P5 A TRUE COPY OF THE COUNTER RECEIPT ISSUED BY THE 1ST RESPONDENT FORWARDING EXHIBIT P3 GRIEVANCE TO THE ENGINEERING DEPARTMENT.

Exhibit P6 A TRUE COPY OF THE JUDGEMENT IN WP(C) NO.23557 OF 2007 DATED 14/9/2007.

RESPONDENT'S EXHIBITS Exhibit R2(a) TRUE COPY OF THE UNDERTAKING IN STAMP PAPER DATED 15/7/2011