IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.CHITAMBARESH TUESDAY, THE 27TH DECEMBER 2011 / 6TH POUSHA 1933 WP(C).No. 35182 of 2011(W) -------------------------- PETITIONER(S): --------------- VASUDEVAN. P. POOLARATH HOUSE MELATTOOR P.O. MALAPPURAM. BY ADV. SRI.M.P.ASHOK KUMAR SRI.M.R.DHANIL SMT.J.HRUDYA RESPONDENT(S): --------------- 1. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT ROADS DIVISION, MANJERI, MALAPPURAM DISTRICT, PIN 676 121. 2. THE ASSISTANT ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS DIVN.) SECTION OFFICE, MELATTOOR, MALAPPURAM DISTRICT. PIN 676 326. 3. THE SUB DIVISIONAL MAGISTRATE, PERINTHALMANNA, MALAPPURAM DISTRICT. PIN 676 505. GOVERNMENT PLEADER SMT. SHEEBA M.T. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 35182 OF 2011 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 : PHOTOCOPY OF THE LETTER DATED 25.07.2011 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P2 : PHOTOCOPY OF THE ORDER DATED 3/2011 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P3 : PHOTOCOPY OF THE APPLICATION DATED 17.12.2011 SUBMITTED BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ P.S. TO JUDGE. ncd V.CHITAMBARESH, J. ------------------------------- W.P.(C) No.35182 of 2011 ------------------------------- Dated this the 27th day of December, 2011 J U D G M E N T The petitioner is aggrieved by the alignment of a culvert in front of his residential house. The petitioner submits that dirty and waste water would be diverted into his plot by the said alignment. The petitioner has submitted Ext.P3 representation to the first respondent seeking ventilation of his grievance. The Government Pleader alertly points out that proceedings are pending before the Sub Divisional Magistrate, Perinthalmanna against the alleged obstruction of the water channel. The writ petition is disposed of directing the first respondent to consider Ext.P3 representation on merits after affording to the petitioner an opportunity of being heard. It is however made clear that the proceedings pending before the Sub Divisional Magistrate evidenced by Ext.P2 can continue unhindered. V.CHITAMBARESH, Judge. nj. V.CHITAMBARESH, J. -------------------------------------- W.P.(C) No. 35182 of 2011 JUDGMENT Dated:- 27th December, 2011 --------------------------------------