IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 WP(C).No. 25620 of 2010(B) -------------------------- PETITIONER(S): --------------- 1. K.T.SALEEM, S/O. K.T.ITHALLUTTY, AGED 48 YEARS, ERANCHODI HOUSE, ERANCHODI BAZAR, KONDOTTY, MALAPPURAM. 2. ABOOBACKER.P., PROPRIETOR, MISIRIA JEWELLERY TOOLS, ERANCHODI BAZAR, KODOTTY.P.O. PIN-673638. PUTHIARAKKAL HOUSE, S/O. MOHAMEDKUTTY, KONDOTTY CHUNGAM, KONDOTTY.P.O., MALAPPURAM DISTRICT. 3. M.HAMSA, PROPRIETOR, UDAYA CYCLE MART ROOM NO. 595, ERANCHODI BAZAR, KONDOTTY, MULLUNGAL, MATTIL HOUSE, KODOTTY.P.O., PIN-673638 MALAPPURAM DISTRICT. 4. E.ABOOBACKER, AGED 60 YEARS, S/O. YOOSUF HAJI, ERANIKKAL ENTERPRISES, ERANCHODI BAZAR, KONDOTTY BAZAR, KONDOTTY.P.O., PIN-673638. BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENT(S): --------------- 1. THE KONDOTTY GRAMA PANCHAYATH, REPRESENTED BY SECRETARY, KONDOTTY.P.O., MALAPPURAM-673638. 2. THE SECRETARY GRAMA PANCHAYATH, KONDOTTY.P.O., MALAPPURAM 673638. 3. THE DISTRICT COLLECTOR, MALAPPURAM. 4. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.P.VENUGOPAL (1086/92) SC FOR R1-2 BY SMT.K.R.DEEPA, GOVERNMENT PLEADER FOR R3 &4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.25620 of 2010 EXT.P1 A TRUE COPY OF THE RECEIPT BEARING NO.9 DATED 19.5.2007 ISSUED BY KONDOTTY GRAMA PANCHAYAT IN FAVOUR OF THE SECOND PETITIONER's EVIDENCING RECEIPT OF LICENCE FEE FROM THE SECOND PETITIONER. EXT.P2 A TRYE COPY OF THE RECEIPT BEARING NO.43 DATED 5.8.2009 ISSUED BY KONDOTTY GRAMA PANCHAYAT IN FAVOUR OF THE THIRD PETITIOER. EXT.P3 A TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE ASSISTANT LABOUR OFFICER, KONDOTTY IN FAVOUR OF FOURTH PETITIONER. EXT.P4 A TRUE COPY OF A ROUGH LOCATION SKETCH PREPARED BY THE PETITIONERS. EXT.P5 A TRUE COPY OF THE PHOTOGRAPH OF THE DRAINAGE LINE TAKEN FROM THANGAL'S ROAD. RESPONDENT'S EXTS: EXT.R1(a) TRUE COPY OF THE RESOLUTION NO.2 DATED 6.9.2010 PASSED BY THE KONDOTTY GRAMA PANCHAYAT. //TRUE COPY// P.A. TO JUDGE. P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.25620 of 2010 ------------------------------- Dated this the 24th day of September, 2010 J U D G M E N T The petitioners are shop keepers. Some among them own the shop rooms in their possession and some are tenants. They are aggrieved by the construction of a drain on the northern end of the Eranchody Bazar road which connects Thangals Road and Kondotty Bye-pass road, as a result of which vehicular access to their shop rooms is prevented. In this writ petition, they seek the intervention of this Court to demolish the drain put up above the road level. 2. A counter affidavit dated 13.9.2010 has been filed by the Secretary of the Kondotty Grama Panchayat. It is stated therein that taking into account the grievance voiced by the petitioners, the committee of the Panchayat has at its meeting held on 6.9.2010 resolved to reduce the height of the drainage for a length of 4 meters at the point where the Eranchodi Bazar road joins Thangals Road. A copy of the said resolution is placed on record as Ext.R1(a). 3. The learned counsel for the petitioners submitted that though Ext.R1(a) resolution redresses the grievance of the petitioners to a considerable extent by reducing the height of the drain for a W.P.(C) No.25620 of 2010 2 length of 4 meters, the height has to be reduced for a minimum of 8 meters. The learned counsel for the petitioners further submitted that the petitioners are willing to meet the expenses for reducing the height of the drain for the additional length of 4 meters. In my opinion, this is a matter which the committee of the Panchayat will have to consider in the first instance. In such circumstances, I dispose of the writ petition with the following directions. Respondents 1 and 2 shall implement Ext.R1(a) resolution expeditiously and in any event, within a period of two weeks from today. The Committee of the Panchayat shall take a decision on or before 30.9.2010 as to whether the height of the drainage can be reduced for a length of 8 meters, instead of 4 meters. If the committee of the Panchayat resolves to reduce the height of the drain for a length of 8 meters, then consequential steps in that regard shall also be taken within the aforesaid period of two weeks. It is clarified that the above arrangement will be provisional till the Panchayat is in a position to increase the height of the roads on either side of the drain. P.N.RAVINDRAN, Judge. nj.