IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 20083 of 2011(I) -------------------------- PETITIONER(S): --------------- S.SREEKUMAR, PROPRIETOR, MANI'S FAMILY MART, KOLLAM-691001. BY ADV. SRI.M.R.ANISON SMT.K.P.GEETHA MANI SRI.P.N.APPUKUTTAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOLLAM. 2. THE SECRETARY TO GOVERNMENT, PUBLIC WORKS (G) DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 3. THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOLLAM. 4. SHUMMY THILAKAN, S/O.THILAKAN, PALAPPURAM, JNRA-3, OPP.S.N.WOMEN'S COLLEGE, KOLLAM-01. GOVERNMENT PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.20083/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER DT 15.1.10. P2 COPY OF THE ORDER DT 25.1.10. P3 COPY OF THE JUDGMETN DT 2.12.10. P4 COPY OF THE ORDER DT 10.1.11. P5 COPY OF THE LETTER DT 30.3.11. P6 COPY OF THE REPRESENTATION DT 9.2.11. // True Copy // P.A. To Judge ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 20083 of 2011 I ``````````````````````````````````````````````````````````` Dated this the 31st day of August, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Controversy in this writ petition is regarding the construction of a drainage at Karbala - Jawahar Junction Road. The fourth respondent had filed a writ petition before this court concerning this issue as W.P.(C) No.30893/2010. That writ petition was disposed of by Ext.P3 judgment, directing that the District Collector shall examine the rival claims made by the petitioner and the department in the light of the materials which were available. Accordingly, the same was considered and Ext.P4 order was passed by the first respondent, the relevant pages of which reads as under:- “ On careful examination of the arguments, it is seen that the PWD has arranged a new work under the SLTFC list of flood works for construction of drainage of west side of the road on basis W.P.(C) No.20083/2011 : 2 : of Ext.P5 report and the work in MLA-SDF Scheme was on the east side of the road. Drainage on both side of the road is beneficial to get rid of the water logging on the road and to ensure free flow of rain water. So it is ordered that drainage on both east and west side be constructed as per the Administrative Sanction issued and time limit prescribed.” 2. Subsequently, Government issued Ext.P5, calling for a compliance report. Grievance of the petitioner is that, although the drainage work of the western side of the road has already been completed, nothing has been done to complete the work of the eastern side of the road. 3. Evidently, under Ext.P4 order of the first respondent, which was issued as early as on 10.01.2011, work of both sides of the road should have been completed. Since the complaint of the petitioner is that work on one side of the road is remaining incomplete, necessarily, the third respondent shall take action for its completion. This shall be W.P.(C) No.20083/2011 : 3 : done by the third respondent as expeditiously as possible on the production of a copy of this judgment. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/31/08 // True Copy // P.A. To Judge