IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 WP(C).No. 27364 of 2009(M) --------------------------------------- PETITIONERS: --------------------- 1. P.K.ANIL KUMAR, AGED 40, S/O.KUTTAPPAN, VATTEKKATTU HOUSE, V.K.C. P.O., THEVAKKAL, ALUVA EAST VILLAGE, WARD NO.12, EDATHALA GRAMA PANCHAYATH, ALUVA TALUK, ERNAKULAM DISTRICT. 2. M.C.THEVAN, AGED 56, S/O.CHATHAN, MUKKOTTUMUGAL HOUSE, V.K.C. P.O., THEVAKKAL, ALUVA EAST VILLAGE, WARD NO.12, EDATHALA GRAMA PANCHAYATH, ALUVA TALUK, ERNAKULAM DISTRICT. 3. N.CHELLAPPAN, AGED 57, S/O.NARAYANAN, MUKKOTTIL HOUSE, V.K.C. P.O., THEVAKKAL, ALUVA EAST VILLAGE, WARD NO.12, EDATHALA GRAMA PANCHAYATH, ALUVA TALUK, ERNAKULAM DISTRICT. 4. PARAMESWARAN PILLAI, AGED 67, S/O.BHASKARAN PILLAI, 'ANI MANDIRAM', V.K.C. P.O., THEVAKKAL, ALUVA EAST VILLAGE, WARD NO.12, EDATHALA GRAMA PANCHAYATH, ALUVA TALUK, ERNAKULAM DISTRICT. 5. MOIDEEN BAVA, AGED 65, S/O.IBRAHIM KUTTY, MALIYEKKAL HOUSE, V.K.C. P.O., THEVAKKAL, ALUVA EAST VILLAGE, WARD NO.12, EDATHALA GRAMA PANCHAYATH, ALUVA TALUK, ERNAKULAM DISTRICT. BY ADV. MR.K.C.ELDHO. RESPONDENTS: ------------------------ 1. EDATHALA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, EDATHALA, ALUVA EAST VILLAGE, EDATHALA P.O., ALUVA TALUK. W.P.(C). NO.27364/2009-M: 2. THE DISTRICT COLLECTOR, ERNAKULAM, O/O.THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD P.O., COCHIN-30. 3. THE BLOCK PANCHAYATH, VAZHAKKULAM, REPRESENTED BY ITS PRESIDENT, THADIYITTAPARAMBU, ALUVA (VIA), ERNAKULAM DT. 4. THE DISTRICT PANCHAYATH, ERNAKULAM, REPRESENTED BY ITS PRESIDENT, KAKKANAD P.O., COCHIN-30. 5. THE DIRECTOR OF PANCHAYATH, O/O.THE DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM. 6. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. R1 BY ADVS. MR.K.K.M.SHERIF, MR.LAL K.JOSEPH, MR.A.A.ZIYAD RAHMAN, MR.V.R.REKESH, MR.P.A.ABISH, R2,R5 & R6 BY GOVT. PLEADER MR. V. MANU, R4 BY ADV. MR.C.M.SURESH BABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.27364/2009-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: PHOTOGRAPHS SHOWING THE NATURE AND CONDITION OF THE VIDYODAYA SCHOOL – MUKKOTTIL TEMPE ROAD VESTED WITH THE R.1. EXT.P.2: COPY OF THE MASS REPRESENTATION SUBMITTED BY THE PETITIONERS AND OTHER RESIDENTS OF THE LOCALITY ON 15/07/2009 BEFORE THE R.1. EXT.P.3: COPY OF THE POSTAL ACKNOWLEDGMENT CARD SIGNED BY THE R.3. EXT.P.4: COPY OF THE POSTAL ACKNOWLEDGMENT CARD SIGNED BY THE R.4. EXT.P.5: COPY OF THE POSTAL ACKNOWLEDGEMENT CARD SIGNED BY THE R.5. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.27364 OF 2009 (m) -------------------------------------------------- Dated this the 16th day of February, 2010 J U D G M E N T According to the petitioner for want of repair to the Vidhodaya School-Mukkottil Temple Road, which is vested in the first respondent Panchayat, the road is not in a motorable condition and therefore a direction is sought for improving the condition of the road. On behalf of the Panchayat a statement has been filed, wherein Panchayat is accepting that the condition of the road is not good. However, they state that during the current financial year the entire funds have been alloted for other projects and therefore they are not in a position to undertake any work immediately. It is stated that in the next financial year commencing from 1.4.2010, Panchayat will raise sufficient funds and improve the condition of the road. This submission made by the Panchayat should redress the grievance raised in the writ petition and therefore recording the submission as above, the writ petition is closed, directing the Panchayat to ensure that the road condition is improved in the next financial year. (ANTONY DOMINIC) JUDGE vi/ WPC.No. /09 :2 :