IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WP(C).No. 4361 of 2009(S) ------------------------- PETITIONER: -------------- NAZAR PALLACHI, PRESIDENT, PUTHEN KULANGARA RESIDENTS ASSOCIATION, PUTHEN KULANGARA, EROOR NORTH, TRIPUNITHURA - 682 306. BY ADV. SRI.C.A.MAJEED RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY SPL.SECRETARY, P.W.D., SECRETARIAT, THIRUVANANTHAPURAM. 2. EXECUTIVE ENGINEER, P.W.D., ROADS, KAKKANADU, ERNAKULAM. 3. ASST.ENGINEER, P.W.D. ROADS, DIVISION, TRIPUNITHURA. 4. TRIPUNITHURA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, TRIPUNITHURA. 5. HEALTH OFFICER, TRIPUNITHURA MUNICIPALITY, TRIPUNITHURA. R1 TO R3 BY SENIOR GOVT. PLEADER, SRI. BENNY GERVACIS. R4 & R5 BY ADV. SRI.V.M.KURIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4361 of 2009(S) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE LETTER DATED28.01.2009 SUBMITTED TO THE 3RD RESPONDENT. EXT.P2 : TRUE COPY OF THE REPRESENTATION DATED 29.01.2009. EXT.P3 : TRUE COPY OF A ROUGH SKETCH SHOWING THE CONSTRUCTION OF THE DRAINAGE CANAL TOGETHER WITH THE SURROUNDINGS. EXT.P4 : TRUE COPY OF THE NEWS ITEM PUBLISHED IN MATHRUBHOOMI DATED 09.02.2009. EXT.P5 : TRUE COPY OF THE RELEVANT PORTION OF THE NEWS ITEM PUBLISHED ON 10.02.2009 IN MALAYALA MANORAMA. EXT.P6 : TRUE COPY OF THE LAWYER NOTICE DATED 13.03.2009. RESPONDENTS' EXHIBITS: EXTR3(A) : TRUE COPY OF THE LETTER FROM THE COUNCILOR. /TRUE COPY/ PA TO JUDGE J.Chelameswar, C.J. & Antony Dominic, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 4361 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of June, 2011 JUDGMENT Antony Dominic, J. This writ petition has been filed in public interest. Petitioner claims to be the President of a residents' association. The grievance pertains to a drainage which has been constructed on the left hand eastern side of the Alumchuvadu-Tripunithura road starting from Eroor Kozhivettumveli Junction, having a length of about 200 meters. The prayer as sought in this writ petition is mainly to direct the respondents to take up the matter of cleaning of the drainage canal and protect the residents from the contaminations of waste materials in the drainage canal causing damages to the public. 2. Even according to the Municipality the solution to the problem is to construct a drain through the Chalikkavattom road as an outlet for the canal in question. WP(C) No. 4361 of 2009 -:2:- 3. We called upon the Municipality to indicate whether the Municipality is willing to undertake the work in question and also to indicate the time frame within which the said work can be completed. Thereupon the Standing Counsel for the Municipality sought time for taking instructions and thereafter filed an affidavit dated 13.06.2011. 4. In the said affidavit the Municipality has expressed its willingness to take up the work of constructing a drainage for the canal in question and the manner in which the necessary resources are to be generated for the said purpose has also been explained. It is undertaken before us that the Municipality will generate funds for the construction of drainage through Chalikkavattom road and that the said work will be completed within three months from today. We record the submissions made and direct that the work of construction of the drainage as above should be completed within the said three months' time. WP(C) No. 4361 of 2009 -:3:- Further we also record the undertaking on behalf of the Municipality that the existing canal will continue to be cleaned on a regular basis. The writ petition is disposed of accordingly. J.Chelameswar, Chief Justice. Antony Dominic, Judge. ttb