IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 36064 of 2008(R) -------------------------- PETITIONER(S): --------------- LAKSHMI, AGED 80 , D/O.KUNJU KUNJU, PALANTHUNDIL HOUSE BHARANIKAVU, PURUVAZHI P.O.,KOLLAM DISTRICT. BY ADV. SMT.P.V.KOCHUTHRESIA RESPONDENT(S): --------------- 1. STATE OF KERALA, RERPESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO PWD , SECRETARIAT THIRUVANANTHAPURAM. 3. PWD EXE ENGINEER,ROADS DIVISION KOLLAM 4. SECRETARY TO GRAMA PANCHAYATH SASTHAMCOTTA. BY GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).36064/2008 -------------------- Dated this the 10th day of December, 2008 JUDGMENT Petitioner, an 80 year old senior citizen living alone in her house at Bharanikavu, is aggrieved by what she terms as insensitivity shown by the authority in not removing a temporary drainage constructed through the petitioner's property, purely as a temporary measure. Petitioner submits that there was drainage on either side of Sasthamcotta-Adoor that passes adjacent to her house. This drainage was obstructed by certain persons in the locality which resulted in flooding of dirty water all over the place on the road. It seems that an attempt was made to construct a drainage, through the residential compound of the petitioner, though this was objected to by the petitioner. Ext.P1 representation was sent to the District Collector and the District Collector directed the Tahsildar to close the open drainage. A representation sent by the petitioner's daughter to the Government was met with Ext.P3, wherein the W.P.(C).36064/2008 2 Government had assured that necessary steps will be taken. In the meanwhile, there was a memorandum of understanding as evidenced by Ext.P2 and it was assured that obstruction caused to the public drainage situated on either side of the petitioner's property, will be removed within a time frame. Certain other steps are also assured to be taken under Ext.P2. Petitioner's grievance arises from the unwillingness on the part of the authorities to implement the agreement arrived at in Ext.P2. 2. I heard learned Government Pleader also. In my view, the matter should engage the attention of the District Collector. Accordingly, writ petition is disposed of permitting the petitioner to file a representation before the District Collector, Kollam. If it is done within three weeks from today, District Collector shall cause an enquiry to be made on the allegations made in this writ petition, which may be repeated in the representation, and if Ext.P2 is seen to have been arrived at in the W.P.(C).36064/2008 3 normal course of events, District Collector shall see that it is implemented without further delay. V.GIRI, Judge mrcs