IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 16694 of 2009(F) -------------------------- PETITIONER(S): --------------- ALI, AGED 59, S/O.ABDUL REHIMAN, CHELAPRA HOUSE, VADAKKEVAZHAKULAM KARA, MARAMPILLY VILLAGE, KUNNATHUNADU TALUK. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY PRINCIPAL SECRETARY, PWD DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. EXECUTIVE ENGINEER, PWD (ROADS DIVISION), MUVATTUPUZHA. 3. ASSISTANT EXECUTIVE ENGINEER, PWD (ROADS DIVISION), PERUMBAVOOR. 4. ABDULLA, S/O.KHADER, AGED ABOUT 55, KIZHILAN HOUSE, VADAKKEVAZHAKULAM KARA, MARAMPILLY VILLAGE, KUNNATHUNADU TALUK. 5. VAZHAKULAM GRAMA PANCHAYAT, MARAMPILLY P.O., ALUVA 683 107, REP. BY ITS SECRETARY. (Impleaded as per order dated 17.10.2011 in I.A.15246/11) ADV. SRI.S.RENJITH FOR R4 SR GP M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16694 of 2009 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF COMPLAINT SENT ON 28.4.09 BY THE PETITIONER TO RESPONDENTS 2 AND 3. EXT.P2- TRUE COPY OF THE A/D CARD EXT.R4(a)- THE PHOTOCOPY OF THE REQUEST GIVEN TO THE VAZHAKULAM GRAMA PANCHAYATH EXT.R4(b)- PHOTOCOPY OF THE REPORT ISSUED BY THE SECRETARY OF THE VAZHAKULAM GRAMA PANCHAYATH (True copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).16694/2009 .............................................. Dated this the 17th day of October, 2011 JUDGMENT Petitioner is a resident of Marampilly Village at Kunnathunadu Taluk. According to the petitioner, on the western side of his property there is a PWD road and his property is situated at the lower lever from the said road. It is stated that there is a water channel which was blocked by the fourth respondent as a result of which, rain water flows into his property. It is therefore, the writ petition is filed, seeking a direction to respondents 2 and 3 to maintain and repair the water channel. 2. The fourth respondent has filed an affidavit which shows that the water channel in question is passing through a portion of the property surrendered by it and that such water channel is maintained by the additional fifth respondent Panchayat. It is stated that he has not blocked the water channel nor has he did anything to interfere the flow of water. 3. Now that from the materials produced, it is the Panchayat which is responsible for maintaining the water channel, if at all W.P.(C).16694/09 2 there is any block necessitating repair of the channel, it is for the petitioner to move the Panchayat in which event Panchayat shall take necessary action. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs