IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 14775 of 2011(V) ---------------------------------------- PETITIONER(S): ------------------------ PALARIVATTOM (P.J.ANTONY ROAD) RESIDENT'S WELFARE ASSOCIATION, REGISTRATION NO.ER 611/2002 DOOR NO.37/1859, P.J.ANTONY ROAD, PALARIVATTOM, ERNAKULAM, KOCHI, REPRESENTED BY ITS SECRETARY, MR.K.VALSAN. BY ADV. SRI.ALIAS M.CHERIAN RESPONDENT(S): --------------------------- 1. CORPORATION OF KOCHI, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, SHANMUGHAM ROAD, ERNAKULAM, PIN - 682 031. 2. GOWRI KUNJAMMA, AGED ABOUT 80 YEARS, HOUSE WIFE, W/O.LATE K.R.K.PANICKER, RESIDING AT PUNATHIL HOUSE, PUNATHIL LANE, P.J.ANTONY ROAD, PALARIVATTOM DESOM, EDAPPALLY SOUTH VILLAGE, KANAYANNUR TALUK, PALARIVATTOM P.O., PIN - 682 025. 3. KRISHNAKUMAR K.K ALIAS KANNAN, AGED 45 YEARS, PRIVATE EMPLOYEE S/O.LATE K.R.K.PANICKER, RESIDING AT PUNATHIL HOUSE, PUNATHIL LANE, P.J.ANTONY ROAD, PALARIVATTOM DESOM, EDAPPALLY SOUTH VILLAGE, KANAYANNUR TALUK, PALARIVATTOM P.O. PIN - 682 025. 4. GIRIJA K.K., AGED ABOUT 52 YEARS, BSNL EMPLOYEE, W/O.T.P.VIJAYAN NAIR, RESIDING AT SHYAMALAYAM PUNATHIL LANE, P.J.ANTONY ROAD, PALARIVATTOM DESOM, EDAPPALLY SOUTH VILLAGE, KANAYANNUR TALUK, PALARIVATTOM P.O. PIN - 682 025. sts 2/- -2- WP(C)NO.14775/2011 5. GEETHA K.K., AGED ABOUT 50 YEARS, D/O.GOWRI KUNJAMMA, RESIDING AT GEETHANJALI PUNATHIL LANE, P.J.ANTONY ROAD, PALARIVATTOM DESOM, EDAPPALLY SOUTH VILLAGE, KANAYANNUR TALUK, PALARIVATTOM P.O. PIN - 682 025. 6. GANGA PRADEEP, AGED ABOUT 47 YEARS, HOUSE WIFE, K.G.PRADEEP, RESIDING AT PRAYAGA, PUNATHIL LANE, P.J.ANTONY ROAD, PALARIVATTOM DESOM, EDAPPALLY SOUTH VILLAGE, KANAYANNUR TALUK, PALARIVATTOM P.O. PIN - 682 025. 7. GAYATHRI K.K., AGED 47 YEARS, HOUSE WIFE, W/O.ANIL MADHAVAN, RESIDING AT ASWATHI, PUNATHIL LANE, P.J.ANTONY ROAD, PALARIVATTOM DESOM, EDAPPALLY SOUTH VILLAGE, KANAYANNUR TALUK, PALARIVATTOM P.O. PIN - 682 025. R1 BY ADV. SRI.K.HARILAL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.14775/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE REPRESENTATION DATED 29/4/2011. P2 COPY OF THE PARTITION DEED NO.908 OF 1973 REGISTERED IN THE SRO AT EDAPPALLY. P3 COPY OF THE REPRESENTATION DATED 23/5/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No.14775 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of June, 2011 J U D G M E N T The Palarivattom(P.J. Antony Road)Residents Welfare Association, the petitioner filed this writ petition mainly with a prayer to issue a writ of mandamus commanding the first respondent to maintain the street by name Punathil Lane starting from P.J Antony Road at Palarivattom by tarring the same and for such other reliefs. Raising such demands they have, earlier, approached the first respondent through Exts.P1 and P3 representations. The grievance of the petitioner is that despite the receipt of Exts.P1 and P3 no action was taken thereon. According to the petitioner the street in question is a public street as defined under Section 2 (34) of the Kerala Municipality Act. That apart, it is contended that even if the street in question is treated as a private street in terms of section 362 and 363 of the Kerala Municipality Act, the Municipality is having a bounden duty to maintain the same. It is in the said circumstances that alleging inaction on the part of the first respondent even after the receipt of Exts.P1 and P3 that this writ petition has been filed. 2. I have heard the learned counsel for the petitioner as WPC.No.14775/2011 : 2 : also the learned standing counsel for the respondent. The learned standing counsel submitted that the first respondent would consider Exts.P1 and P3 representations submitted by the petitioner in accordance with law. Considering the nature of the issue involved in this writ petition, the learned counsel submits that the first respondent may be granted three months time to take a decision thereon. In the said circumstances, this writ petition is disposed of with a direction to the first respondent to consider Exts.P1 and P3 in accordance with law, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of copy of this judgment. It is made clear that this Court has not made any observation as to the merits of the contentions raised by the petitioner either in this writ petition or in Exts.P1 and P3. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge