IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 WP(C).No. 26644 of 2008(V) -------------------------- PETITIONER(S): --------------- K.D.PRASAD, AKSHAYA HOUSE HOUSE NO.32/73A, NJALAKAM KARA, KD.PLOT PO., SOUTH KALAMASSERY, ERNAKULAM. BY ADV. SMT.P.K.SANTHAMMA RESPONDENT(S): --------------- SECRETARY, KALAMASSERY MUNICIPALITY, S.KALAMASSERY, PIN-683 109. ADV. SRI. M.K. ABOOBACKER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C. NO. 26644/2008 ------------------------------------------------------------------- EXT.P1 COPY OF LOCATION SKETCH. EXT.P2 REPRESENTATION DT.19-7-2008. EXT.P3 REPRESENTATION DT. 29-7-2008. [TRUE COPY] P.S. TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 26644 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 3rd November, 2008. J U D G M E N T Kalamasserry Municipality has constructed a pit in the road in front of the house of the petitioner so as to cause free flow of water through the pit during rainy season, since the road does not have any drainage facility. The pit was constructed in 2007. The petitioner alleges that the construction is unscientific that the pit is only covered by a grill through which waste materials goes down the pit to block the pipe leading from the pit, as a result of which the flow of waste water through the pipe is effectively blocked. Consequently, during rains, the petitioner's house becomes inundated with water. On these allegations, the petitioner has approached this Court seeking the following reliefs: “1. Issue a writ of mandamus, directing the respondent to take steps to remove the water stagnation on the road, in front of the petitioner's house. 2. Issue a direction to the respondent to maintain the pit, constructed in front of the petitioner's house, properly and in a scientific way to allow the free flow of water alone through the pipe, without causing block in the pipe.” 2. The learned counsel for the Municipality submits that it is true that occasionally, the pit and the pipe get blocked on account of people of the locality depositing waste carelessly, as also mud flowing along with the water getting deposited there. On 24-10-2008, the standing counsel submitted that unless the water drains off, the pit cannot be cleaned. Counsel for the Panchayat now submits that W.P.C. No. 26644/08 -: 2 :- water has drained off and the respondent would take all necessary steps to clean the pit and the pipe for ensuring free flow of water within ten days. This is recorded and the writ petition is closed. Sd/- S. Siri Jagan, Judge. Tds/