IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 WP(C).No. 8176 of 2008(W) ------------------------- PETITIONER: ------------ V.O.SREEJA SREEVALSAM, KULANGARABHAGOM CHAVARA, KOLLAM DISTRICT BY ADV. SRI.BRIJESH MOHAN SMT.RESMI G. NAIR RESPONDENTS: ------------- 1. CHAVARA GRAMA PANCHAYATH CHAVARA, KOLLAM DISTRICT REP. BY ITS SECRETARY 2. THE ASSISTANT ENGINEER, LSGD CHAVARA GRAMA PANCHAYATH KOLLAM DISTRICT. BY GOVT. PLEADER SMT.RAMANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 8176 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of March, 2008 JUDGMENT The grievance of the petitioner is that some 50 years back an underground pipe was laid through the petitioner's property with the consent of the petitioner's predecessor for facilitating free flow of water. The pipe was laid in such a manner that the user of the property was not affected in any manner. The grievance voiced by the petitioner is that now the Panchayat has decided to construct a regular drain through the middle of the property and has entrusted the work with a beneficiary committee. The construction of a regular drain will result in petitioner losing very valuable property. No consent has been given by the petitioner for constructing a regular drain, it is submitted. 2. I do not propose to decide the merits of the issue. But it is seen that Ext.P2 petition has been filed by the petitioner before the Secretary of the first respondent Panchayat. According to the petitioner, till this moment, the construction of the drain has not been started. WPC.No.8176/08 2 Under these circumstances, I dispose of the writ petition directing the Secretary of the first respondent Panchayat take up Ext.P2 immediately, hear the petitioner and take a decision on Ext.P2 at the earliest and at any rate within ten days of receiving a copy of this judgment. Considering the assertion of the petitioner that till this moment, the construction of the drain has not been started, there will be a direction to the Panchayat to maintain status quo as obtaining today regarding the petitioner's property for a period of two weeks from the date of receiving a copy of this judgment. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.8176/08 2