IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 WP(C).No. 35406 of 2005(M) -------------------------- PETITIONER: ------------ C.M.GOPALAKRISHNA PRABHU, AGED 62 YEARS, S/O.C.J.MADHAVA PRABHU, CHANTHURUTHIL, VALAMANGALAM SOUTH MURI, THURAVOOR SOUTH VILLAGE, CHERTHALA. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS: ------------- 1. DISTRICT COLLECTOR, ALAPPUZHA. 2. THURAVOOR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, THURAVOOR, CHERTHALA. BY ADV. SRI.J.OM PRAKASH FOR R2 GOVT. PLEADER SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 35406/05 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE SALE DEED NO.2192 OF 1980 DATED 25.6.1980. EXT.P2 - TRUE COPY OF THE TAX RECEIPT NO.4219521 DATED 3.7.2004. EXT.P3 - TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 16.12.2005. /TRUE COPY/ K.BALAKRISHNAN NAIR, J. ----------------------------------------- W.P.(C) NO. 35406 OF 2005-M ----------------------------------------- JUDGMENT The petitioner has approached this Court, aggrieved by the construction of a road in his neighbourhood. He apprehends that the road will block the natural flow of rain water. This Court on 22.12.2005 passed the following interim order: “Sri.Ompraksh, learned counsel appearing for the 2nd respondent seeks time to file counter. The Panchayat is permitted to construct the road, but it should be ensured that there is no obstruction to the free flow of water.” In view of the above interim order, the grievance of the petitioner is redressed. Accordingly, the Writ Petition is disposed of, maintaining that interim order. 13th June, 2008. K.BALAKRISHNAN NAIR, JUDGE. Nm/