IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 WP(C).No. 32894 of 2009(F) -------------------------- PETITIONER(S): ------------------- 1. MOLLENCHERRY, ABDUL MAJEED, S/O. MUHAMMED, THUVVAKKAD.P.O, KANMANAM, KALPAKANCHERRY, MALAPPURAM DISTRICT. 2. EDAYATH HUSSAIN, S/O.KUNHIMOIDEEN, KANMANAM, THEKKUMMURI.P.O, KAPAKANCHERRY, MALAPPURAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): ------------------- 1. MALAPPURAM DISTRICT PANCHAYATH, REPRESENTED BY ITS SECRETARY, MALAPPURAM. 2. TIRUR BLOCK PANCHAYATH REPRESENTED BY ITS SECRETARY, TIRUR, MALAPPURAM DISTRICT. 3. TANUR BLOCK PANCHAYATH, REPRESENTED BY ITS SECRETARY, TANUR, MALAPPURAM DISTRICT. 4. VALAVANNUR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, VALAVANNUR.P.O, MALAPPURAM DISTRICT. 5. TIRUNAVAYA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, TIRUNAVAYA.P.O, MALAPPURAM DISRTRICT. WPC NO.32894/09 -2- 6. THALAKKAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, P.O. THALAKKAD, TIRUR, MALAPPURAM DISTRICT. ADDL.R7. THE DEPUTY DIRECTOR OF PANCHAYAT, MALAPPURAM (ADDL.R7 IS IMPLEADED VIDE ORDER DT 17.11.09) ADV. SRI.K.ANAND FOR R5 SRI.T.K.SAIDALIKUTTY FOR R3 SMT.ANITHA M.N. (EKM) FOR R3 GOVERNMENT PLEADER SRI.V.MANUFOR R7 SRI.K.ANAND FOR R4,6 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 32894 OF 2009 (F) ===================== Dated this the 21st day of January, 2010 J U D G M E N T The grievance of the petitioners is regarding the deplorable condition of the Randal Kuthukallu Thekkenkuttoor Road, which is stated to be within the area of the 1st respondent Panchayat. Petitioners say that pursuant to an order passed by the Ombudsman for Local Self Government Institutions, road in question was repaired on one occasion, but presently, the road is in a dilapidated condition, as a result of which, no vehicular traffic is possible. It is stated that consequently, the right to movement of the petitioners and the other residents is affected. 2. Pursuant to the direction of this Court, 7th respondent has filed a counter affidavit. Para 7 of the counter affidavit to the extent it is relevant reads as under:- Valavannur Grama Panchayat has earmarked Rs.1 lakh in its Development Plan for the year 2009-10 for the maintenance of the Road for a length of 125 metres from Alloorpadam Culvert and the Project has been approved by the District Planning Committee. The project has also been tendered on 1.12.2009. At the time of inspection in Thirunavaya Grama Panchayat, the authorities of Panchayat produced a report of the Assistant Engineer, showing that the District Panchayat has proposed an amount of Rs.10 lakhs and Block Panchayat proposed 2 lakhs for the improvement of WPC 32894/09 :2 : Randal-Thekkankutoor Road. District Panchayat, Malappuram has prepared two multi year projects (2 year) having an estimate of 10 lakhs each bearing project numbers M 350/2010 and M365/210 and works have been tendered on 7.12.2009. It was also learned during enquiry that efforts were being taken for improving the road by including the work for the same in other local development schemes also. On the implementation of the above projects, the Road shall improve to a great extent making it convenient for vehicular transportation. 3. From the averments in the counter affidavit extracted above, it is evident that the District Panchayat and the 4th respondent have accepted the necessity of repairing the road and have also earmarked necessary funds for the same. 4. Now that steps have already been taken by the aforesaid respondents to repair the road in question, the details of which are explained in para 7 of the counter affidavit, I direct that necessary action for improving the condition of the road mentioned above, shall be taken as expeditiously as possible, on the production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp