IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 WP(C).No. 28581 of 2011(W) ----------------------------------- PETITIONER(S): ------------------- 1. DR.AUGUSTINE K.I., AGED 62 YEARS, S/O. ITTIRA, KACHAPPILLY HOUSE, KODUNGALLUR, THRISSUR DISTRICT. 2. P.A.ROSILY, W/O. DR.AUGUSTINE, KACHAPPILLY HOUSE, KODUNGALLUR, THRISSUR DISTRICT. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT(S): -------------------- 1. STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF PUBLIC WORKS, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE CHIEF ENGINEER, NATIONAL HIGHWAY DIVISION, P.W.D., THIRUVANANTHAPURAM-695 001. 3. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, NATIONAL HIGHWAY WING, KODUNGALLUR, THRISSUR DISTRICT-680 664. 4. DEPUTY COLLECTOR, PUBLIC WORKS DEPARTMENT NATIONAL HIGHWAY WING, KODUNGALLUR, THRISSUR DISTRICT-680 664. BY GOVT. PLEADER SRI.MUHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 28581/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SALE DEED DTD.4.7.1988. P1(a):COPY OF THE SALE DEED DTD.5.7.1988. P2: COPY OF THE REGISTERED ASSIGNMENT DEED DTD.20.12.1987. P3: COPY OF THE REGISTERED SALE DEED DTD.12.1.2010. P4: COPY OF THE PHOTOGRAPH SHOWING THE RESIDENTIAL HOUSE OF THE 1ST PETITIONER. P5: COPY OF THE PHOTOGRAPH SHOWING THE BUILDING OF ARYA VAIDYA ASRAMAM. P6: COPY OF THE HEARING NOTES UNDER SEC.3(G)(3) OF THE NATIONAL HIGHWAY ACT TO 1ST PETITIONER. P6(a):COPY OF THE HEARING NOTES UNDER SEC.3(G)(3) OF THE NATIONAL HIGHWAY ACT TO 2ND PETITIONER. P6(b):COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT DTD.12.1.2010. P7: COPY OF THE PHOTOGRAPH SHOWING THE ALREADY CONSTRUCTED DRAINAGE CANAL BLOCKING THE ENTRANCE OF OTHER RESIDENTIAL PROPERTIES. P8: COPY OF THE REPRESENTATION FILED BY THE PETITIONERS DTD.20.10.2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 28581 of 2011 W ``````````````````````````````````````````````````````````` Dated this the 24th day of November, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioners approached this Court complaining about a drainage construction on the western side of the proposed Kodungallur bye-pass. According to them, the drainage was constructed on the ground level resulting in obstruction to the ingress and egress to their properties. 2. A statement has been filed by the third respondent, paragraphs 3 and 4 of which read as under:- “3. The width of the roadway is 45 metres with cross section having 4.5 metres median at the centre, 8.5 metre main road, 1.50 metre divider, 7.00 metre service road and 1.50 metre cement concrete drain at both the ends. This is a four lane project and the concrete drain at both end is highly essential to drain out W.P.(C) No.28581/2011 : 2 : the rain water from the roadway and the surrounding land. If any portion of the road is excluded from the drainage it will cause water stagnation at this portion. The depth of the drain from ground level varies from 0 m to 1.00 m approximately depending upon the road formation level and super elevation curves at that points. 4. The petitioners' property is having 30 m road length from km 401/300 to 401/330 and situated at the western side of the Kodungallur bye-pass. In the above portion, the construction of drainage work is below the ground level and the top of the entrance cover slab of the drain and petitioners' property are the same level based on the proposed road level of the project. That be the position, the petitioners will not incur any hindrance due to the drainage of his property.” 3. From the above, it is obvious that no prejudice whatsoever is caused to the petitioners as a result of the construction of the drainage canal in question. W.P.(C) No.28581/2011 : 3 : Therefore, recording the submission as contained in the statement filed by the third respondent, this writ petition is closed. Sd/- (ANTONY DOMINIC, JUDGE) aks/24/11 // True Copy // P.A. To Judge