IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 19395 of 2009(T) --------------------------------------- PETITIONER(S): ----------------------- 1. RADHAKRISHNAN, AGED 42, S/O.DAMODHARAN PISHARADI, SREEHARI HOUSE, MUKKOTTIL KIZHAKKE PISHARADI, V.K.C. P.O., THEVAKKAL, ALUVA EAST VILLAGE, WARD NO.10, EDATHALA GRAMA PANCHAYATH, ALUVA TALUK, ERNAKULAM DISTRICT. 2. GOVINDAN, AGED 66, S/O.RAMAN, MUNCHOTTIPADICKAL HOUSE, V.K.C. P.O., THEVAKKAL, ALUVA EAST VILLAGE, WARD NO.10, EDATHALA GRAMA PANCHAYATH, ALUVA TALUK, ERNAKULAM DISTRICT. 3. A.M.GEORGE, AGED 72, S/O.MATHEW, LAL BHAVAN, V.K.C. P.O., THEVAKKAL, ALUVA EAST VILLAGE, WARD NO.10, EDATHALA GRAMA PANCHAYATH, ALUVA TALUK, ERNAKULAM DISTRICT. 4. KRISHNAN KUTTY, AGED 60, S/O.GOPALAN, MUNCHOTTIPADICKAL HOUSE, V.K.C. P.O., THEVAKKAL, ALUVA EAST VILLAGE, WARD NO.10, EDATHALA GRAMA PANCHAYATH, ALUVA TALUK, ERNAKULAM DISTRICT. 5. MOHAMMED, AGED 53, S/O.KOCHUNNI, CHENAKKARA HOUSE, V.K.C. P.O., THEVAKKAL, ALUVA EAST VILLAGE, WARD NO.10, EDATHALA GRAMA PANCHAYATH, ALUVA TALUK, ERNAKULAM DISTRICT. BY ADVS. SRI.K.C.ELDHO SRI.JIJO THOMAS W.P.(C) NO.19395/2009 RESPONDENT(S): -------------------------- 1. EDATHALA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, EDATHALA, ALUVA EAST VILLAGE, EDATHALA P.O., ALUVA TALUK. 2. THE DISTRICT COLLECTOR, ERNAKULAM, O/O. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD P.O., COCHIN-30. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADVS. SRI.KKM.SHERIF, SRI.P.M.KUNJIMOIDEENKUTTY, SRI.LAL K.JOSEPH, SRI.A.A.ZIYAD RAHMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.19395 of 2009 ------------------------------- Dated this the 16th day of November, 2010 J U D G M E N T The petitioners who are the residents of Edathala Grama Panchayat have filed this writ petition seeking a direction to the said Grama Panchayat to maintain the “Tharayil Peedika – Manjinakkara – Mukkottil Temple Road”, and to protect the same from land slide so as to ensure the life and safety of the persons using the said road. Relying on Ext.P2 series of photographs produced in the writ petition, the petitioners contend that the road is totally unsafe for movement of vehicles and that the Panchayat has a duty to maintain and protect the road. 2. A statement dated 15.11.2010 has filed on behalf of the first respondent Grama Panchayat. It is stated therein that on account of removal of top soil by persons owning lands on the either side of the road, the lateral support for the road has become weak. It is also stated that the height of the road was therefore reduced by removing the excess soil and that necessary steps will be taken to surface the road expeditiously. In the light of the stand taken by the first respondent in the statement referred to above, the petitioners cannot have any subsisting grievance. The writ petition is accordingly closed recording W.P.(C) No.19395 of 2009 2 the statement of the first respondent that the Panchayat will take expeditious steps to surface the road and to maintain it. P.N. RAVINDRAN, JUDGE. nj.