IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 16213 of 2011(B) -------------------------- PETITIONER: --------------- P.V.MOHAMED GHANI, BISMILLA MANSIL, THALAVETTAMPULLI,KIZHAKKETHARA, KOLLENGODE, PALAKKAD BY ADV. SRI.H.BADARUDDIN SMT.B.SHAMEERA RESPONDENTS: --------------- 1. THE ASSISTANT ENGINEER, ROADS & BUILDINGS PWD, NENMARA-678508, PALAKKAD DISTRICT 2. THE ASSISTANT ENGINEER, SEC.3,PWD, NH SUB DIVISION, NORTH PARAVUR, KODUNGALLUR-PIN-683513 3. KOLLENGODE GRAMA PANCHAYATH, REP.BY ITS SECRETARY, KOLLENGODE,PALAKKAD-678001 GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16213 of 2011(B) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 : TITLE DEED NO.1252/1994 SRO, KOLLENGODE DT.16.5.1994. EXHIBIT P2 : APPLICATION DT.27.2.2009 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P3 : KAIPATTU RASITH DT.27.2.2009. EXHIBIT P4 : APPLICATION FOR PERMIT AND REGULARIZATION UNDER THE BUILDING RULES SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P5 : SITE PLAN. EXHIBIT P6 : REPRESENTATION SUBMITTED BY THE PETITIONER DTD.2.6.2011. EXHIBIT P7 : PHOTO SNAPS. RESPONDENTS' EXHIBITS : NIL. TRUE COPY P.A. TO JUDGE P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.16213 OF 2011 -------------------------------------------------- Dated this the 16th day of June 2011 JUDGMENT The petitioner has approached this Court with the following prayers: i) Issue a writ of mandamus or any other appropriate writ order or direction, directing the respondents to consider Ext.P6 representation and remove the nuisance to the petitioner by constructing a proper drainage, to discharge the rain water on the northern side of the Pollachi- Thrissur State highway in a time framed manner. ii) Issue such other and further reliefs as that are warranted under the law as the Hon'ble High Court may deem fit and proper in the interest of justice. 2. Heard the learned Govt. Pleader as well. 3. Considering the fact that the relief sought for is only to cause consideration of Ext.P6 and to pass appropriate orders, this Court does not find it necessary to deal with the facts and circumstances or to issue notice to the 3rd respondent for the time being. The 1st respondent is directed to consider Ext.P6 and pass appropriate orders in accordance with law after hearing all concerned including the 3rd respondent, as expeditiously as possible, at any rate within 'three months' from the date of receipt of a copy of this judgment. W.P.(C) No.16213/2011 2 4. The petitioner shall produce a copy of this judgment along with a copy of the Writ Petition before the 1st respondent for taking further steps. Writ Petition is disposed of. vdv P.R.RAMACHANDRA MENON, JUDGE