IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 WP(C).No. 19952 of 2007(A) ---------------------------------------- PETITIONER: -------------------- JAYALAKSHMI P.P., W/O RISHIKESH K.A., AGED 29 YEARS, PANDARAPARAMBIL HOUSE, OCHANTHURUTH P.O., ERNAKULAM. BY ADV. SRI.A.X.VARGHESE SRI.JOJO.A.V. RESPONDENTS: ------------------------ 1. THE DIRECTOR OF PANCHAYATHS, DIRECTORATE OF PANCHAYATHS, PUBLIC OFFICE COMPLEX, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, ERNAKULAM. 3. DEPUTY DIRECTOR OF PANCHAYATH, PANCHAYATH DEPUTY DIRECTOR OFFICE, ERNAKULAM. 4. BLOCK DEVELOPMENT OFFICER, BLOCK DEVELOPMENT OFFICE, AYYAMAPILLY P.O., KUZHUPILLY, VYPIN. 5. ELAMKUNNAPUZHA GRAMA PANCHAYATH, REP. BY ITS SECRETARY, MALIPURAM P.O., ERNAKULAM DISTRICT. BY SR.GOVERNMENT PLEADER SRI. K.J.MOHAMMED ANZAR R5 BY SRI.S.SHANAVAS KHAN, SC, PANCHAYATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.19952/2007 A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: PHOTOGRAPHS SHOWING THE WATER STAGNATING DURING RAINY SEASON. EXT.P2: COPY OF THE COMPLAINT DTD. 8/05/02. EXT.P3: COPY OF THE LETTER FROM THE 3RD RESPONDENT DTD. 6/06/02. EXT.P4: COPY OF THE LETTER DTD. 11/06/02. EXT.P5: COPY OF THE COMPLAINT DTD. 25/10/2004. EXT.P6: COPY OF THE LETTER OF THE 4TH RESPONDENT DTD. 1/1/07. EXT.P7: COPY OF THE LETTER DTD. 27/01/07. EXT.P8: COPY OF THE REQUEST LETTER TO THE 1ST RESPONDENT DTD. 7/03/07. /TRUE COPY/ P.A.TO JUDGE Kss PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.19952 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 4th February, 2008 JUDGMENT Heard both sides. The prayer in this Writ Petition is that the Panchayat be directed to construct a concrete drain for about 80 meter length along with a concrete road which is presently proposed by the Panchayat. Counsel for the Panchayat submits that the very proposal to construct the concrete road itself could not be implemented in the wake of the objections by the petitioner and her husband. As for construction of the drain proposed, lands belonging to others will have to be acquired and the present financial position of the Panchayat will not permit the Panchayat to go in for acquisition. In view of the above submission especially the one that the road work itself has been practically stopped, I dispose of the Writ Petition without granting any relief to the petitioner and without foreclosing the petitioner's right to approach this court again, if necessary once the Panchayat takes up the road construction work. srd PIUS C.KURIAKOSE, JUDGE