Kerala High Court
Ajimon Jose vs The Assistant Engineer on 19 August, 2025
Author: N. Nagaresh
Bench: N.Nagaresh
2025:KER:61531
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 19TH DAY OF AUGUST 2025 / 28TH SRAVANA, 1947
WP(C) NO. 14154 OF 2025
PETITIONER:
AJIMON JOSE,
AGED 40 YEARS,
S/O. JOSE, KANJIRAMKUNNEL HOUSE,
KAVANA, VAZHAKULAM (P.O),
ERNAKULAM DISTRICT, PIN - 686670
BY ADVS.
SRI.R.BINDU (SASTHAMANGALAM)
SRI.G.RAJAGOPAL (KUMMANAM)
RESPONDENTS:
1 THE ASSISTANT ENGINEER,
PUBLIC WORKS DEPARTMENT,
PWD ROADS SECTION,
KALLOORKAD,
MUVATTUPUZHA,
ERNAKULAM DISTRICT,
PIN - 686668
2 THE ASSISTANT EXECUTIVE ENGINEER,
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
PWD ROAD SECTION, MUVATTUPUZHA,
ERNAKULAM DISTRICT,
PIN - 686661
3 THE EXECUTIVE ENGINEER,
OFFICE OF THE EXECUTIVE ENGINEER,
PWD ROAD DIVISION, EDAPPALLY,
ERNAKULAM, PIN - 682024
2025:KER:61531
WP(C) No.14154 of 2025
:2:
4 AVOLI GRAMA PANCHAYATH,
AVOLI (P.O), MUVATTUPUZHA,
ERNAKULAM DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 686670
5 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
*ADDL.6 RAVI.K.M.
S/O. MADHAVAN, KUTTIMAKKAL HOUSE,
VAZHAKULAM (P.O), ERNAKULAM DISTRICT,
*(ADDITIONL 6TH RESPONDENT IS IMPLEADED AS PER
ORDER DATED 19.08.2025 IN I.A.NO.1/2025)
BY ADV.
SRI.P.M.SANEER
SRI.DHEERAJ A.S, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 08.07.2025, THE COURT ON 19.08.2025 DELIVERED
THE FOLLOWING:
2025:KER:61531
WP(C) No.14154 of 2025
:3:
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) No.14154 of 2025
`````````````````````````````````````````````````````````````
Dated this the 19th day of August, 2025
JUDGMENT
~~~~~~~~~
The petitioner residing at Vazhakkulam in
Ernakulam District seeks to direct respondents 1 to 3 to
complete the construction of the open drain in tune with
Ext.P3 estimate prepared by them in order to avert and avoid
waterlogging in front of the house of the petitioner and of the
nearby residents as expeditiously as possible.
2. The petitioner is residing on the side of the
PWD Road from Vazhakkulam to Arakuzha Moozhi Road
near Kanjiramkunnel junction, Kavana. During rainy season,
the road will be inundated completely in front of the house of
2025:KER:61531
the petitioner. The residents will not be able to get out their
houses. The petitioner and other local residenents
submitted Ext.P2 representation dated 13.09.2023 to the 1st
respondent-Assistant Engineer. The petitioner states that
the 1st respondent visited the site and prepared Ext.P3
estimate.
3. According to the petitioner, Ext.P3 work
was awarded to a contractor in November, 2024. Two
electric posts were to be shifted in order to complete the
construction. The petitioner approached the KSEB and
remitted fee for shifting the electric post. The electrict posts
were thereafter shifted.
4. The 1st respondent thereafter informed the
petitioner that the water from open drain should be made to
flow through a nearby property into the water canal. The
nearby property owenr Jenson P. John gave Ext.P6 consent
for flowing water through his property.
2025:KER:61531
5. Thereafter, objections were raised from
certain quarters alleging that in the event of causing the
water to flow into the canal of the paddy field, it would affect
the paddy cultivation. The water canal is not vested with the
Panchayat. The respondents are delaying the work for one
reason or the other. The objections raised are illmotivated,
contends the petitioner.
6. The 2nd respondent-Assistant Executive
Engineer filed a statement. The 2nd respondent submitted
that no work has been awarded to any contractor based on
Ext.P3 estimate. No approval has been received from
Government till date. The electric posts were shifted at the
instance of the petitioner.
7. Running contract work for the year 2024-
2025 is for various five PWD roads including Vazhakkulam
Arakkuzha Moozhi. Administrative and technical sanction
have been obtained for this work and it was duly awarded to
2025:KER:61531
the Contractor in October, 2024. This construction involves
an open drain with a total length of 150 metre across five
various PWD roads as per requirement.
8. During the course of execution on the
Vazhakkulam-Arakkuzha Moozhi road, the petitioner again
raised a complaint regarding waterlogging and requested the
construction of an open drain at the Kanjiramkunnel
Junction. For the construction of a new open drain, outlet for
water drainage has to be confirmed, since the existing outlet
is a small gap between two private boundaries. Since no
natural outlet was available, the petitioner took initiative and
obtained the consent of a nearby private property owner Sri.
Jenson P. John to drain off water through his property.
9. This consent is obtained as per Ext.P6.
Knowing this, Sri. Ravi K.M., the owner of the paddy field,
raised a complaint expressing concern that draining water
into his paddy field could potentially damage his agriculture /
2025:KER:61531
cultivation in future. In the absence of any natural outlet for
water drainage, the 1st respondent reported the matter to
this office as well as the office of the Executive Engineer,
PWD Roads Division, Muvattupuzha and both offices
conducted a site inspection. The Department has discussed
the matter with paddy field owner and finally he agreed to
drain off water to his property through Irish drain.
10. Considering the narrow width and curved
road, the construction of an Irish drain was deemed
appropriate and accordingly implemented. During instances
of extremely heavy rainfall, temporary water logging may
occur for a few minutes. However, the water drains off
promptly thereafter. No complaints regarding waterlogging
have been received from anyone later other than the
petitioner subsequent to the said construction.
11. I have heard the learned counsel for the
petitioner, the learned Government Pleader representing
2025:KER:61531
respondents 1 to 3 and 5 and the learned counsel appearing
for the 4th respondent.
12. The grievance of the petitioner is regarding
waterlogging in Vazhakkulam near Kanjiramkunnel junction,
Kavana. Ext.P1 series of photographs would amply
evidence the seriousness of the waterlogging issue. It is the
case of respondents 1 nd 2 that no work has been awarded
to any contractor to do any work for averting the waterloggig
problem.
13. The Assistant Executive Engineer has
stated that considering the narrow width and curved road,
construction of an Irish drain was deemed appropriate and
accordingly implemented. During extremely heavy rain fall,
temporary waterlogging may occur for a few minutes. But,
the water drains of promptly thereafter.
14. I find that even temporary waterlogging has
the potential to endanger even human life. Therefore,
2025:KER:61531
respondents 1 to 3 are bound to consider the grievance of
the petitioner and others who have filed Ext.P2
representation.
The writ petition is therefore disposed of
directing the 2nd respondent to consider Ext.P2
representation submitted by the petitioner and others and
take appropriate decision thereon in accordance with law as
expeditiously as possible.
Sd/-
N. NAGARESH, JUDGE
aks/14.08.2025
2025:KER:61531
APPENDIX OF WP(C) 14154/2025
PETITIONER'S EXHIBITS
Exhibit P1 PHOTOGRAPHS EVIDENCING THE WATER
LOGGING DURING RAINY SEASON IN FRONT
OF THE HOUSE OF THE PETITIONER
Exhibit P2 TRUE COPY OF THE REPRESENTATION GIVEN
BY THE PETITIONER AND THE NEARBY
RESIDENTS TO THE 1ST RESPONDENT DATED
13.09.2023
Exhibit P3 TRUE COPY OF THE ABOVE ESTIMATE
PREPARED BY THE 1ST RESPONDENT
Exhibit P4 TRUE COPY OF THE LETTER ISSUED BY THE
1ST RESPONDENT DATED 02.12.2024
Exhibit P5 TRUE COPY OF THE RECEIPT EVIDENCING
THE PAYMENT FOR SHIFTING THE ELECTRIC
POST DATED 07.12.2024
Exhibit P6 TRUE COPY OF THE CONSENT LETTER DATED
17.12.2024 GIVEN BY SRI. JENSON P.
JOHN TO THE 2ND RESPONDENT
Exhibit P7 TRUE COPY OF THE LETTER ISSUED BY THE
3RD RESPONDENT DATED 28.01.2025
Exhibit P8 TRUE COPY OF THE ABOVE REPRESENTATION
SUBMITTED BY THE PETITIONER TO THE
1ST RESPONDENT DATED 07.02.2025
