IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 20127 of 2007(U) -------------------------- PETITIONER(S): --------------- 1. NARAYANI AMMA, W/O.LATE ACHUTHAN NAIR, JYOTHI NIVAS, PAREKKAT HOUSE, PERUMBILLISSERI, CHERPU P.O., THRISSUR DISTRICT, PIN - 680 561. 2. P.JYOTHILEKSHMI, D/O.LATE ACHUTHAN NAIR, JYOTHI NIVAS, PAREKKAT HOUSE, PERUMBILLISSERI, CHERPU P.O., THRISSUR DISTRICT, PIN - 680 561. BY ADV. SMT.PREETHY KARUNAKARAN SMT.M.M.DEEPA SRI.JAYKAR.K.S. SMT.MEENA.A. RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. THE REVENUE DIVISIONAL OFFICER, THRISSUR. 4. THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS SUB DIVISION, P.O.CHEMBUKKAVU, THRISSUR, PIN - 680 020. 5. CHERPU GRAMA PANCHAYATH, CHERPU P.O., THRISSUR DISTRICT, PIN - 680 561, REPRESENTED BY ITS SECRETARY. 6. P.V.BHARATHAN, PRESIDENT, CHERPU GRAMA PANCHAYATH, CHERPU P.O., THRISSUR DISTRICT,PIN - 680 561. 7. SMT.RAJANI THEKKATH, W/O.MANI THEKKATH, RESIDING AT THEKKATH HOUSE, CHERPU P.O., THRISSUR DISTRICT, PIN - 680 561. ADV. SRI.A.C.DEVY FOR R5 TO 7 GOVERNMENT PLEADER SMT.K.MEERA, FOR R3 SMT.PRIYA.P.K.(ADV.COMMR) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2009, ALONG WITH WPC NO.22453 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.20127/2007 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE CERTIFICATE OF PURCHASE DATED 20-6-1990 ISSUED IN S.M.28 OF 1990 BY THE LAND TRIBUNAL, THRISSUR TO ACHUTHAN NAIR. EXT.P2. TRUE COPY OF PARTITION DEED DATED 3-12-2004 REGISTERED AS DOCUMENT NO.5194 OF 2004 OF THE S.R.O.CHERPU ENTERED INTO BETWEEN THE PETITIONERS. EXT.P3. TRUE COPY OF THE LETTER DATED 15-12-2005 SENT BY THE REVENUE DIVISIONAL OFFICER, THRISSUR TO THE SECRETARY, CHERPU GRAMA PANCHAYAT. EXT.P4. TRUE COPY OF THE LETTER DATEDE 25-5-2006 SENT BY THE REVENUE DIVISIONAL OFFICER, THRISSUR TO THE SECRETARY, CHERPU GRAMA PANCHAYAT. EXT.P5. TRUE COPY OF THE NOTICE DATED 12-3-2007 SENT BY THE FIRST PETITIONER TO THE SECRETARY, CHERPU GRAMA PANCHAYAT. EXT.P6. TRUE COPY OF THE PLAINT IN O.S.NO.1624 OF 2007 ON THE FILE OF THE COURT OF THE MUNSIFF OF THRISSUR. EXT.P7. TRUE COPY OF I.A.NO.5449 OF 2007 IN O.S.NO.1624 OF 2007 ON THE FILE OF THE COURT OF THE MUNSIFF OF THRISSUR. EXT.P8. TRUE COPY OF THE ORDER DATED 15-6-2007 PASSED BY THE COURT OF THE MUNSIFF OF THRISSUR IN I.A.NO.5449 OF 2007 IN O.S.NO.1624 OF 2007. EXT.P9. TRUE COPY OF THE REPORT DATED 25-6-2007 SUBMITTED BY THE ADVOCATE COMMISSIONER APPOINTED BY THE COURT OF THE MUNSIFF OF THRISSUR IN O.S. NO.1624 OF 2007. EXT.P10. TRUE COPY OF THE PETITION DATED 21-6-2007 SUBMITTED BY THE FIRST PETITIONER TO THE SUB INSPECTOR OF POLICE, CHERPU. EXT.P10(a) TRUE COPY OF THE RECEIPT DATED 21-6-2007 ISSUED TO THE FIRST PETITIONER FROM THE CHERPU POLICE STATION EVIDENCING RECEIPT OF EXT.P10 PETITION. EXT.P11. TRUE COPY OF THE NOTICE DATED 21-6-2007 AFFIXED BY THE FOURTH RESPONDENT ON THE PETITIONER'S RESIDENCE. EXT.P12. TRUE COPY OF THE NOTICE DATED 21-6-2007 SERVED ON THE FIRST PETITIONER BY THE FOURTH RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R5(a) TRUE COPY OF THE REPORT OF ADVOCATE COMMISSIONER IN I.A. O.S.1624/2007 ON THE FILE OF THE MUNSIFF'S COURT, THRISSUR DATED 25-6-2007. EXT.R5(b) TRUE COPY OF THE RESOLUTION DATED 6-8-2007. EXT.R5(c) TRUE COPY OF THE DECISION DATED 25-6-2007 TAKEN BY THE DISTRICT COLLECTOR. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P(C)Nos.20127/2007 & 22453/2008 ----------------------------------------- Dated this the 17th day of August, 2009 JUDGMENT Kurian Joseph,J. The issue raised in these writ petitions pertains to the construction of a drain in Chenam - Ammadam road. In view of the long pending dispute between the parties and the Panchayat, when the writ petitions came up before us we appointed an Advocate Commissioner to find out the feasibility and possibility of a proposal acceptable to all the parties. Thanks to the efforts thus taken by Smt.Priya.P.K., learned Advocate Commissioner, we find that a proposal as acceptable to all the parties has been mooted. In the report dated 6-8-2009 the following suggestions are made at paragraph 8: (a) To construct a Culvert in the western side of the Ammadam road and through the Bhuvaneswary temple road, it will reach the Chengarayil Padam. Hence 60% of the waste water problem can be solved. (shown as green colour). W.P(C).No.20127 of 2007 & W.P(C)No.22453 of 2008 -:2:- (b) Water coming from the upper side can go through Alangad Mana Road. Hence a culvert junction can be constructed (marked at a point coloured in violet colour). (c) Culvert covered with slabs can be constructed to pass through Chengarayil road to the field, to solve the entire water problem (as shown in pink colour). Learned counsel appearing for the Panchayat submits that construction of a culvert as suggested by the learned Advocate Commissioner may not be technically feasible and financially viable at this point of time. But there appears to be no serious dispute that on implementation of suggestions (a) and (c) the main problems on the issue in the locality can be solved. Therefore, these writ petitions are disposed of with a direction to the Panchayat and P.W.D. to implement suggestion (a) immediately by constructing a culvert in the western side of Ammadam road through the Bhuvaneswary temple road reaching the Chengarayil Padam. This shall be done within a period of W.P(C).No.20127 of 2007 & W.P(C)No.22453 of 2008 -:3:- three months from today. Learned Advocate Commissioner submits that the channel as suggested in (c) actually passes through the Harijan Colony, contaminating the drinking water in the wells. It is also submitted that the waste water and other wastes including solid wastes are passing through that channel. There will be a direction to the Panchayat and the P.W.D. to construct a proper drainage so that there is no health-hazard to the people in the locality. It is also made clear that while implementing suggestion (c) all the three sides should be properly plastered and it should be covered by slabs. The plastering should be to the required thickness so as to ensure that there is no pilferage. By way of abundant caution it is made clear that only after constructing and operating suggestion (a), the construction at (c) shall be undertaken. In order to enable the Panchayat and P.W.D. to work out W.P(C).No.20127 of 2007 & W.P(C)No.22453 of 2008 -:4:- the order as above, the interim orders passed by this court are vacated. We record our appreciation for the efforts taken by the Advocate Commissioner as Conciliator. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.P(C)Nos.20127/2007 & 22453/2008 ---------------------------- JUDGMENT 17th August, 2009