IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 7755 of 2002 Between: 1 V. Ramanathan, S/o. Late Sri K. Venkatraman, R/o. Ho.No. 1-2/14, Phollobagh Colony, Ferozeguda, Ranaga Reddy District. 2 V. Vishnuvardahn Rao, S/o. Y.Y.L.N. Sharma, R/o. Ho.No. 1-1/8, Phollobagh Colony, Ferozeguda, Ranaga Reddy District. 3 V. Shiva Sahnkar, S/o. Sri. V. Rama Rao, R/o. Ho.No. 1-2/11, Phollobagh Colony, Ferozeguda, Ranaga Reddy District. 4 K. Madan Kumar, S/o. Sri. T. K. Kannan, R/o. Ho.No. 1-1/9, Phollobagh Colony, Ferozeguda, Ranaga Reddy District. 5 Nagendra Sharma, S/o. Sri Krishna Murthy, R/o. Ho.No. 1-2/14, Phollobagh Colony, Ferozeguda, Ranaga Reddy District. ..... PETITIONER(S) AND Commissioner of Kukatpally Municipality, Kukatpally, Ranga Reddy District Hyderabad. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ of Mnadamus, or any other appropriate Writ, Order or Direction, more in the nature of Writ of Mnadamus, directing the respondent and its officials and subordinates from taking immediate steps to connect the drainage exit of the Phoolbagh Colony to approriate mian drain to prevent any helath hazard, and pass Counsel for the Petitioner:MR.V.HARI HARAN Counsel for the Respondent No.: MR.K.VENUGOPAL REDDY (SC FOR MUNICIPAL) The Court made the following : ORDER : In this writ petition, the petitioners, who are residents of Phoolbagh Colony, Ferozeguda, Rangareddy District, seek directions by way of mandamus, against the respondent municipality and its officials to take steps for providing drainage exit from their colony. 2. In the counter affidavit filed by the respondent-Municipal Commissioner, it is stated that the said colony is un-planned one and there is little scope for providing drainage system with proper disposal of flow. It is also stated that the said colony has no place of its own, on any side, for disposal of flow and is sandwiched between BHEL on the Southern side, and the temporary drain excavated by the railway authorities on the other side, as the said land belongs to the South Central Railway. It is further stated that to provide drainage system, RCC Box Culvert at Kilometer/32-1 is to be constructed, and after due correspondence with the South Central Railway, the respondent has also remitted an amount of Rs.14,63,277/- as early as on 03.06.2002 towards execution of the said work. 3. In view of the averments made in the counter affidavit, it cannot be said that the respondent is not taking any steps for providing drainage system to the petitioners’ colony. When it is stated that there were some technical hurdles and the work is entrusted to the South Central Railway, the stage of such work is not known unless the South Central Railway is made as a party to this writ petition. However, in view of the steps already taken by the respondent, this petition can be disposed of with a direction to the respondent to take expeditious steps to the extent possible, for providing drainage system to the petitioners’ colony. 4. In the result, this Writ Petition is disposed of with a direction to the respondent to take expeditious steps to the extent possible, for providing the drainage exit to the petitioners’ colony, by finishing all the incomplete works. No order as to costs. ____________________ R.SUBHASH REDDY, J APRIL 8, 2009 KSH