IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 14482 of 2009(E) -------------------------- PETITIONERS: --------------- 1. KARITHALA RESIDENCE ASSOCIATION KARITHALA ROAD, KOCHI 682 016,REP. BY ITS SECRETARY P.T. SEBASTIAN, S/O. T.C. THOMAS, AGED 45 YEARS, THULAMATTOM, KARITHALA ROAD, COCHIN -16. 2. SINABA KOYA, W/O. P.A. HAMSA KOYA, AGED 52 YEARS, PRASANTHAM, S.A. ROAD, KOCHI -16. BY ADV. SRI.SHAJI P.CHALY RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, LOCAL ADMINISTRATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. CORPORATION OF COCHIN, PARK AVENUE, ERNAKULAM, REP. BY ITS SECRETARY. 4. KERALA STATE POLLUTION CONTROL BOARD, ERNAKULAM REPRESENTED BY ITS CHIEF ENVORONMENTAL ENGINEER. BY GOVT. PLEADER SRI.P.N SANTHOSH ADV. SRI.PRAVEEN K.JOY SC,COCHIN CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.14482 of 2009 -------------------------- Dated this the 3rd June,2009 J U D G M E N T A residents' Association along with a member of the same, have approached this Court alleging inaction on the part of the Kochi Corporation Officials, in constructing a new drainage from the eastern side of the Sahodaran Ayyappan Road and from Choice Towers to the Perandoor Canal. It is pointed out that earlier the drainage situated on the northern side of the Sahodaran Ayyappan Road was being blocked in connection with the road widening work undertaken from the south over bridge. This was on the specific premise that after completing the road widening, drainage would be opened. This has not been done and the net result is that several houses in the area are inundated during monsoon season. 2. Pursuant to the direction issued by this Court a counter affidavit has been filed by the Secretary of the Corporation. Paragraphs 4 and 5 of the same read as W.P ( C) No.14482 of 2009 2 follows: “4. It is submitted that for the upgradation of Sahodaran Ayyappan Road and junctions, arrangement has been made by executing contract using ADB Fund, by KSUDP for the Corporation of Kochi. The contractor has executed agreement on 26.2.2009 and site for the work has been handed over to him on 24.4.2009. It is due to the code of conduct in connection with election, the work could not be started. However, provision for constructing drain to discharge the drainage to nearby Perandoor canal, cover slab over drain etc. has been included in the work already arranged in addition to other works of permanent nature including area mentioned in the writ petition. The arranged drainage construction to redress the grievance of the petitioners and other citizens in the area is expected to be completed by 15.7.2009. 5. It is also further submitted that it is not due to the inaction of the respondents, but due to the time ahead we have got for executing the work, after execution of the agreement. The agreement for work has been executed on 26.2.2009 and site handed over on 24.4.2009 and it is due to election and other conduct rules, no work at the site could be started. Moreover, after making the arrangements, the monsoon started. The nearby shop owners deposited the waste in the drainage and closed the drainage for their convenience. This caused blockage of drain and free flow of drainage which resulted in inconvenience and hardships to the inhabitants. It is assured that for the time being in order to redress the grievance of the petitioners, earthern drain is proposed to be cut as a short term measure.” W.P ( C) No.14482 of 2009 3 3. The stand taken by the Corporation is recorded and it is made clear that the construction work of the drainage shall be completed by 15.7.2009. Learned counsel for the Corporation submits that notwithstanding the time frame, temporary measures shall be adopted to see that none of the buildings in the area are inundated The writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.14482 of 2009 4 W.P ( C) No.14482 of 2009 5