IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 1731 of 2011(N) -------------------------------------- PETITIONER(S): ------------------------- ABDUL HAMEED, AGE 32, S/O.KUNJALAN, PARAMMAL HOUSE, MATTATHUR P.O., VENGARA (VIA), KUTTIPPURAM, MATTANAPATTU-676 528, MALAPPURAM DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------------------- 1. PARAPPUR GRAMA PANCHAYAT, P.O.PARAPPUR (VIA) KOTTAKKAL, MALAPPURAM DISTRICT,REPRESENTED BY ITS SECRETARY. 2. PARAPPUR GRAMA PANCHAYAT COMMITTEE, P.O.PARAPPUR, (VIA) KOTTAKKAL, MALAPPURAM DISTRICT, REPRESETNED BY ITS PRESIDENT. 3. THE DEPUTY DIRECTOR OF PANCHAYATS, MALAPPURAM. 4. THE DISTRICT COLLECTOR, MALAPPURAM. R1 & R2 BY ADV. SRI.BABU S. NAIR R3 & R4 BY GOVERNMENT PLEADER SRI. K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.1731/2011 N APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF REPRESENTATION SUBMITTED BY ONE SHRI.ALIKUTTY TO THE 2ND RESPONDENT DTD. 14/01/2007. P2: COPY OF REPRESENTATION DTD. 2/2/2009 SUBMITTED BY THE LOCAL RESIDENTS TO THE 2ND RESPONDENT. P3: COPY OF NEWS ITEM PUBLISHED IN MATHRUBHUMI DAILY. P4: COPY OF REPRESENTATION SUBMITTED BY THE RESIDENTS OF THE LOCALITY BEFORE THE DISTRICT COLLECTOR. P5: COPY OF ACKNOWLEDGEMENT RECEIVED ON 18/10/2009 FROM THE OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYAT. P6: COPY OF ORDER ISSUED BY THE 3RD RESPONDENT, DEPUTY DIRECTOR OF PANCHAYATS, MALAPPURAM DTD. 23/12/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 1731 OF 2011 ------------------------------- DATED THIS THE 19TH DAY OF AUGUST, 2011 JUDGMENT This writ petition is filed seeking a direction commanding respondents 1 and 2 to take up immediate repair of the Mattanappattu-Elattakadavu road in Parappur Grama Panchayat of Malappuram District as directed in Ext.P6 order issued by the 3rd respondent and for other consequential reliefs: 2. Petitioner is a resident of Mattanappattu Kara within the limit of Parappur Grama Panchayat. According to the petitioner, Mattanappattu-Elattakadavu road is the only road that connects the said area to the main road. It is submitted that the local residents submitted Ext.P4 representation before respondents 3 and 4. Petitioner points out that the 3rd respondent-Deputy Director of Panchayat considered the issue and after enquiry passed Ext.P6 order directing the 2nd respondent to make the Mattanappattu-Elattakadavu road motorable without any further -2- W.P.(C).No.1731/2011 delay. The 3rd respondent also directed the 2nd respondent to report the matter after doing necessary work. The grievance of the petitioner is that even after receipt of Ext.P6 order no action has so far been taken to redress the grievance of the petitioner and other residents. 3. The local authority under the Act is duty bound to repair and maintain every Panchayat road under them and annual repairs are also to be made so as to maintain the motorability of the roads. The statute imposed duty on the respondents 1 and 2 to maintain Mattanappattu-Elattakadavu road. In this context, the petitioner seeks intervention of this Court directing respondents 1 and 2 to take up the repair work of the road immediately. 4. Ext.P4 representation was submitted by the local residents to the District Collector with a copy to the Panchayat. The learned counsel for the petitioner submits that a direction may be issued to respondents 1 and 2 to consider Ext.P4 and take an appropriate decision thereon within a time frame to be fixed by this -3- W.P.(C).No.1731/2011 Court. In the circumstances, this writ petition is disposed of with a direction to respondents 1 and 2 to consider Ext.P4 representation and take appropriate decision thereon as per Ext.P6 direction within a period of one month from the date of receipt of a copy of this judgment. Sd/- HARUN-UL-RASHID, Judge. kcv.