IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 WP(C).No. 35442 of 2004(T) --------------------------------------- PETITIONER: -------------------- VALSA DUGLAS, AGED 40 YEARS, W/O.F.DOUGLAS LAZAR, PUTHENPURACKAL HOUSE, PURAKKADY AMSOM, SULTHAN BATTERY TALUK, WAYANAD DISTRICT. BY ADV. SRI.T.KURIAKOSE PETER SRI.ABRAHAM P.GEORGE RESPONDENTS: ------------------------ 1. THE MEENANGADI GRAMA PANCHAYATH, REP. BY ITS SECRETARY, OFFICE OF THE MEENANGADI GRAMA PANCHAYATH, MEENANGADI, SULTAN BATTERY. 2. THE PRESIDENT, MEENANGADI GRAMA PANCHAYATH, MEENANGADI, SULTAN BATTERY. *ADDL.R3 IS IMPLEADED: R3. THE SULTHAN BATTERY BLOCK PANCHAYATH, REP. BY ITS SECRETARY, BLOCK PANCHAYATH OFFICE, SULTHAN BATTERY, WAYANAD. (*ADDL.R3 IS IMPLEADED AS PER ORDER DTD. 10/09/07 IN I.A.NO.8/04) BY ADV. SRI.S.M.PRASANTH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.35442/2004 T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALE DEED NO.70/99 OF SRO, PULPALLY. EXT.P2: COPY OF THE TAX PAID RECEIPT DTD. 24/04/2003 ISSUED FROM PURAKKADI VILLAGE. EXT.P3: COPY OF THE REPRESENTATION DTD. 15/05/2003. EXT.P4: COPY OF THE REPRESENTATION DTD. 5/10/2004. /TRUE COPY/ P.A.TO JUDGE Kss PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 35442 of 2004 ---------------------------------- Dated this the 12th day of February , 2008 JUDGMENT Even though several chances were given to the 3rd respondent Sultan Battery Block Panchayat for filing the counter affidavit, the 3rd respondent has not filed any counter affidavit in this writ petition. The apprehension of the petitioner is that construction of drainage through the Kolempetta Road Meenagadi Panchayat in the manner presently proposed will result in a situation of waste water flowing into her property having an extent of 56 3/4 cents in Survey No. 448/1 ( Block No.21, resurvey No.379). The contention raised by the first respondent Grama Panchayat is only that it is not the first respondent Grama Panchayat who is constructing drainage, but the decision is of the additional 3rd respondent. The averments in the writ petition stand established against the additional 3rd respondent by non traverse. Under the above circumstances, I dispose of this Writ Petition directing the additional 3rd respondent to construct the drainage through Kolempetta Road Meenagadi Panchayat in such a way connecting the same to the common drainage maintained by the WPC No.35442/2004 2 Panchayat or to any other thodu or cannal and thereby ensure that waste water does not flow into the 56 ¾ cents of land in Sy.No.448/1 ( block No.21 Re-Sy.No.379/10/1) of Purakkadi amsam standing in the name of the petitioner's husband. PIUS C. KURIAKOSE, JUDGE. dpk