IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 19420 of 2005(J) -------------------------- PETITIONERS: --------------- 1. ELIAS K.G., S/O.K.A.GEORGE, AGED 42 YEARS, KATTIPARAMBIL HOUSE, PANAKKAPADAM, POWER HOUSE ROAD, KOCHI-682 018. 2. BIJU GEORGE, S/O.GEORGE, AGED 41 YEARS, KANJIRAMUKKIL HOUSE, MARIYAKUTTY JOHN ROAD, KOCHI-682 018. 3. BENNY BARUVA, S/O.BARUVA, AGED 52 YEARS, PANAKKAPADAM HOUSE, M.A.BALAKRISHNAN ROAD, KOCHI-682 018. 4. THOMAS ABRAHAM, S/O.ABRAHAM, AGED 41 YEARS, EDASSERY HOUSE, POWER HOUSE ROAD, KOCHI-682 018. 5. ANTO DAVIS, S/O.DAVIS, AGED 41 YEARS, KOIKKARA HOUSE, M.A.BALAKRISHNAN ROAD, NEAR POWER HOUSE, KOCHI-682 018. BY ADV. MR.NELSON J.MANAYIL MS.K.A.ROSEFLY RESPONDENTS: --------------- 1. CORPORATION OF KOCHI, REP. BY SECRETARY, CORPORATION OF KOCHI, CORPORATION BUILDING, ERNAKULAM. 2. THE SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, THIRUVANANTHAPURAM. 3. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM. 4. M/S.ESTEEM DEVELOPERS LTD., REP. BY ITS MANAGING DIRECTOR, METRO PLAZA BUILDING, 2ND FLOOR, NEAR NORTH RAILWAY STATION, ERNAKULAM. (CNTD...2) WP(C).No. 19420 of 2005(J) ::2:: *ADDL.R5. UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI. *ADDL.R5 IS IMPEADED AS PER ORDER DATED 9.8.2005 IN I.A.NO.11447/2005. ADV. MR.S.RAMESH BABU, SC.COCHIN CORPN. FOR R1 MR.JAMES KURIAN, SC, RAILWAYS FOR ADDL.R5 MR.A.BALAGOPALAN FOR R4 MS.LAKSHMI.T. FOR R4 MS.KALA G.NAMBIAR FOR R4 GOVERNMENT PLEADER MR.K.RAMESH FOR R2 & R3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19420 of 2005(J) APPENDIX PETITIONERS' EXHIBITS: EXT.P1: ROUGH SKETCH OF THE NEWLY CONSTRUCTED CANAL SHOWING THE OLD INNER 'THODUS' AND THE SURROUNDING LOCALITY. EXT.P2: ETTER DTD. 13.7.2004 DENT TO THE HON'BLE MINISTER FOR LOCAL ADMINISTRATION BY THE 1ST PETITIONER ON BAHALF OF THE WARD COMMITTEE. EXT.P2(a): POSTAL REGISTRATION RECEIPT NO.B.861 DTD. 13.7.2004. EXT.P3: LETTER SEND TO THE HON'BLE MINISTER AGAIN ON 24.7.2004. EXT.P4: LETTER DTD. 28.7.2004 ISSUED TO R2. EXT.P4(a): POSAL ACKNOWLEDGEMENT CARD BY R2. EXT.P5: LETTER DTD. 28.7.2004 HANDED OVER TO THE DISTRICT COLLECTOR BY THE 1ST PETITIONER. EXT.P5(a): LETTER DTD. 17.8.2004 BEARING NO.G.R.901/2004 ISSUED BY THE DISTRICT COLLLECTOR. EXT.P6: LAWYER NOTICE DEPICTING THE REAL PLIGHT OF THE INHABITANTS OF THE WARD NO.63 & 64 DTD. 15.10.2004. EXT.P7: REPLY NOTICE SEND BY R1 THROUGH THEIR LAWYER DTD. 27.11.2004. EXT.P8: PHOTOGRAPH SHOWING THE PRESENT POSITION OF THE CULVERT. EXT.P9: PHOTOGRAPH SHOWING THE ELEVATED FOOTPATH CONSTRUCTED OVER THE CANAL. EXT.P10: PAPER REPORT DATED 26.7.2004 IN THE MATHRUBHUMI DAILY. EXT.P11(a): PHOTOGRAPH EXT.P11(b): PHOTOGRAPH EXT.P11(c): PHOTOGRAPH EXT.P11(d): PHOTOGRAPH EXT.P12: NOTICE DTD. 8.1.2011 ISSUED TO R1. EXT.P13: NOTICE DTD. 10.1.2011 SENT TO R1 BY THE PETITIONER. (CNTD...2) WP(C).No. 19420 of 2005(J) ::2:: EXT.P14: PHOTOGRAPHS TAKEN ON 29.5.2011. EXT.P14(a): ACKNOWLEDGEMENT CARD. EXT.P14(b): ACKNOWLEDGEMENT CARD. RESPONDENTS EXHIBITS: EXT.R4(a): TENDER NOTICE ISSUED BY R1. EXT.R4(b): LETTER DTD. 15.3.2002 ISSUED BY R1 TO R4. EXT.R4(c): LETTER NO.E4-14676/2001 DTD. 23.4.2002 ISSUED BY R1 TO R4. EXT.R4(d): AGREEMENT DTD. 4.6.2002 EXECUTED BETWEEN THE SECRETARY OF R1 AND THE MANAGING DIRECTOR OF R4. EXT.R4(e): LETTER NO.EDL-95/035/02 DTD.1.10.2002. EXT.R4(f): REPORTS PUBLISHED IN VARIOUS NEWSPAPERS. EXT.R4(g): LETTER NO.EDL/95/010/2003 DTD. 31.3.2003. EXT.R4(h): BRIEF NOTE ON THE STUDY REPORT. ........ // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.19420 Of 2011 ---------------------- Dated this the 28th day of July, 2011. J U D G M E N T Petitioners are the residents of Ward No.64 in the Corporation of Kochi. They are also the members of the Parisara Sangam Residents Association Committee of Ward No.64. The petitioners are aggrieved by the flooding of water around 50 residential compounds including the property of the petitioners due to the unscientific construction of the canal in the power house road started by the Corporation of Kochi. According to the petitioners, due to the unscientific construction of the road, water on the road is dumped into nearby houses, thereby houses are flooded in the monsoon. In these circumstances, the petitioners approached this Court to issue a writ of mandamus to prevent flooding out of the over flow of new A, B canals situated in Power House Extension Road and the inner Thodus C,D, E & JKL situated in Division No.63 & 64 as shown in Ext.P1 sketch and for other incidental reliefs. 2. This Court by interim order dated 26.5.2011 issued a direction to the first respondent, Corporation of Kochi, to depute a competent officer to conduct inspection in the locality, to ::2:: W.P.(C).No.19420 Of 2005 ascertain and report, including the steps taken to avoid flooding in the area and for maintenance of canals and drains. On the basis of the interim order, the 1st respondent submitted a report along with a memo dated 22.6.2011. Paragraphs 1 & 2 of the report reads as follows: “After the completion of a Drain Project at Power House Road in the year 2006, under the consultancy of M/s.Esteem Developers Cochin; flooding in the north and south region of the said road, has been completely eliminated. In the last few years complaints were not registered in that area. Periodical silt removal from the drains in the above area were carried out effectively prior to monsoon. Therefore, no complaints related to water logging have been received in this office till date, after the commencement of monsoon from the Power House Road or nearby areas in Division 68. As the difference between Mean Sea Level and Ground Level is quite less in Cochin Corporation Area, flooding during heavy monsoon and back flow through drains are quite common. The water logging in the eastern portion of North Railway Station may be attributed to this. In order to eliminate the same a Project has been taken up under JNNURM (Package No:JNNURM KCH-DR 19). The consultants of the above works is again M/s.Esteem Developers, Cochin who are ::3:: W.P.(C).No.19420 Of 2005 experts in the field. After a thorough study, they have proposed to construct an RCC Drain of 2.5m width starting from Mather Square near North Railway Station, passing through St.Benedict Road and ending in the back waters, after crossing Mathai Manjooran Road. The estimated cost of work is Rs.1,45,73,353/-. The work has been awarded to Sri.K.S.Anwar, Corporation contractor, and when the foundation work was started problems related to settlement were noted due to loose and weak soil in the area.” 3. The first respondent also reported that necessary changes are being made in the estimate for ensuring strength and durability to the work and that the work will be completed before 31.3.2012. It is also reported that the work so completed will be permanent solution to the water logging problem in the eastern region of North Railway Station. On the basis of the report dated 10.6.2011, no further orders are necessary in the writ petition. Accordingly, the writ petition is closed. HARUN-UL-RASHID, Judge. bkn/-