IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 WP(C).No. 23535 of 2010(N) --------------------------------------- PETITIONER(S): ----------------------- PANIKKER'S LANE RESIDENTS ASSOCIATION REG. NO.33/95, SASTHAMANGALAM P.O THIRUVANANTHAPURAM,. REPRESENTED BY ITS SECRETARY BY ADV. SRI.V.G.ARUN, SRI.T.R.HARIKUMAR. RESPONDENT(S): ------------------------- 1. THE KERALA ROAD FUND BOARD TC 4/1654, MAYOORAM, NO.7 BELHAVEN GARDENS KAWDIAR PO, THIRUVANANTHAPURAM- 695 003 REPRESENTED BY THE PROJECT ENGINEER 2. THE WATER RESOURCES (MI) DEPARTMENT REPRESENTED BY ITS PRINCIPAL SECRETARY THIRUVANANTHAPURAM- 695 001 3. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT THIRUVANANTHAPURAM- 695 001 4. THE THIRUVANANTHAPURAM CORPORATION REPRESENTED BY ITS SECRETARY THIRUVANANTHAPURAM -695 001. R2 & R3 BY GOVT. PLEADER MR.M.A. ASIF. R1 BY ADV. SRI.K.JAJU BABU,SC, KERALA ROAD FUND BOARD. R4 BY SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE,SC, ADV. SRI.P.K.MANOJKUMAR, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 23535/2010-N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER DATED 18/11/2009 TO THE 1ST RESPONDENT. EXT.P2: COPY OF THE NEWS PAPER REPORT PUBLISHED IN THE MATHRUBOOMI DAILY DATED 19/12/2009. EXT.P3: COPY OF THE NEWS PAPER REPORT PUBLISHED IN THE MATHRUBOOMI DAILY DATED 27/12/2009. EXT.P4: COPY OF THE REPRESENTATION DATED 09/01/2010. EXT.P5: COPY OF THE REPRESENTATION DATED 01/02/2010. EXT.P6: COPY OF THE NOTICE DATED 04/02/2010. EXT.P7: COPY OF THE LETTER SENT BY THE CHIEF ENGINEER TO THE 2ND RESPONDENT DATED 17/05/2010. EXT.P8: COPY OF THE SKETCH PREPARED BY THE MINOR IRRIGATION DEPARTMENT. EXT.P9: COPY OF THE U.O. NOTE DATED 26/05/2010. EXT.P10: COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER ASSOCIATION. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. S.SIRI JAGAN, J. ================== W.P.(C).No. 23535 of 2010 ================== Dated this the 16th day of August, 2010. JUDGMENT The petitioner is a Residents' Association. They are aggrieved by the construction of a culvert in the Sasthamangalam-Vellayambalam road in Trivandrum for the process of widening the said road. Their grievance is that the Chief Engineer has given Ext.P7 recommendation in the matter of construction of that culvert, which has been given a go-by in the matter. Petitioner therefore seeks the following reliefs:- i)to issue a writ of mandamus directing the 3rd respondent to issue necessary directions to the 1st respondent to forebear from constructing a culvert across the Sasthamangalam-Vellayambalam road, in order to collect water from the southern and northern sides of the road and to flow out the water through the channel on the northern side of the road; ii) to declare that the 1st respondent has not been conferred with the authority to change the existing drainage system, used for draining out water from the drains on either side of the Sasthamangalam- Vellayambalam road; iii)to issue a writ of mandamus directing the respondent 2 and 4 to take necessary action so as to ensure that the low lying areas on the northern side of the Sasthamangalam -Vellayambalam road does not get in undated due to overflow of water from the channel carrying the water from the main drain on the side of the Sasthamangalam-Vellayambalam road, to the Killiyar thodu; and W.P.(C).No. 23535 of 2010 2 iv)to grant such other reliefs as this Honourable Court may deem fit in the circumstances of this case. 2. The learned Government Pleader and the learned counsel for the first respondent submits that the matter is now pending before the 3rd respondent for finalisation pursuant to Ext.P9 and, therefore, it is only appropriate that the 3rd respondent takes a final decision in the matter. Having heard both sides , I dispose of this writ petition with a direction to 3rd respondent to take final decision in the matter pursuant to Ext.P9 expeditiously. Needless to say till the 3rd respondent takes a final decision, the construction of the culvert shall be kept in abeyance. S.SIRI JAGAN, JUDGE mns