IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 WP(C).No. 30450 of 2007(Y) -------------------------- PETITIONER: ------------ K.P. VARGHESE, S/O.POULOSE, AGED 51YEARS KUNNATH KALAPURAYIL VADAYAMBEDI KARA,PUTHENCRUZ NOW EMPLOYED AT UNITED STATES REPRESENTED BY FATHER AS WELL AS POWER ATTORNEY SRI.K.P.PAULOSE S/O.PATHROSE, AGED 79 YEARS, KUNNATH KALAPURAYIL VADAYAMBEDI, PUTHENCRUZ. BY ADV. SRI.PAUL K.VARGHESE RESPONDENTS: ------------- 1. PUTHRIKA GRAMAPANCHAYAT PUTHRIKA, NEAR KOLENCHERRY,REPRESENTED BY ITS SECRETARY 2. THE SECRETARY PUTHRIKA GRAMPANCHAYAT PUTHRIKA,NEAR KOLENCHERRY. 3. ASSISTANT EXECUTIVE ENGINEER VADUVUKADU BLOCK PANCHAYAT KOLENCHERRY. BY ADV. SRI.NIREESH MATHEW THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.30450 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2008 JUDGMENT The grievance of the petitioner is that on account of the construction of a drain by the Panchayat, the compound wall which he has constructed around his properties stand the risk of falling down and that the smooth entry to his property has been obstructed. No counter affidavit has been filed by the Panchayat. Ext.P9 photograph as well as the two photographs which are now placed before me by Sri.Paul.K.Varghese, learned counsel for the petitioner, will show that the apprehensions voiced by the petitioner regarding the safety of his compound wall were not totally unfounded. 2. Today when the writ petition came up, Sri.Paul.K.Varghese, counsel for the petitioner submitted that after the Panchayat got notice regarding the writ petition, the Panchayat has started constructing a retaining wall which may prevent land sliding due to the construction of the drain. But the Panchayat is yet to WPC.No.30450/07 2 complete the construction of the retaining wall and the Panchayat is yet to facilitate the unobstructed passage to the petitioner's property from the Panchayat road lying in front along the northern boundary of the petitioner's property. As already indicated, the photographs which are produced before me today by the learned counsel for the petitioner will reveal that the Panchayat has started construction of a retaining wall., obviously in the light of the apprehensions which are expressed by the petitioner in this writ petition. I dispose of the writ petition directing the Panchayat to complete the construction of the retaining wall which is seen started as per the photographs now produced which will be kept on record and marked as Ext.P10. Panchayat is directed to ensure that the access to the petitioner's property from the road is not obstructed by the drain. Needful will be done by the Panchayat at the earliest and at any rate before 31st March instant. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.30450/07 2