IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 16341 of 2011(P) -------------------------------------- PETITIONER: ------------------- E.GOPINATHA KURUP, AGED 72 YEARS, S/O. RAYYARAPPA KURUP, "ADHRA", HOUSE NO.28/369, KALLINGAL LANE, THRISSUR-680 001. BY ADV. SRI.RAJIT. RESPONDENTS: ------------------------ 1. THRISSUR CORPORATION, THRISSUR, REPRESENTED BY SECRETARY, PIN-680 001. 2. THE SECRETARY, THRISSUR CORPORATION, THRISSUR-680 001. 3. BABY, MARIYA ARCADE, BUILDING NO.28/4573, KALLINGAL LANE, THRISSUR-680 001. 4. PREMA BABY, W/O. BABY, MARIYA ARCADE, BUILDING NO.28/4573, KALLINGAL LANE, THRISSUR-680 001. R1 & R2 BY ADV. SRI.C.A.MAJEED. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16341/2011-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PLAN EVIDENCING THE LIE OF THE PROPERTY. EXT.P.2: COPY OF THE REPRESENTATION FILED BY THE PETITIONER ON 26/04/2010. EXT.P.3: COPY OF THE APPLICATION DT. 08/07/2010 SUBMITTED BEFORE THE R.1. EXT.P.4: COPY OF THE REPLY DT. 10/08/2010 SEND BY THE PUBLIC INFORMATION OFFICER ATTACHED TO THE R.1. EXT.P.5: COPY OF THE REPRESENTATION DT. 26/09/2010 SUBMITTED BY THE PETITIONER BEFORE THE MAYOR OF THRISSUR CORPORATION. EXT.P.6: COPY OF THE COMPLAINT DT. 05/01/2011 FILED BEFORE THE R.2. EXT.P.7: COPY OF THE REPRESENTATION DT. 02/06/2011 SUBMITTED BY THE PETITIONER TO THE R.2. EXT.P.8: COPY OF THE PHOTOGRAPH SHOWING THE SITUATION ON THE GROUND. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.16341 of 2011 ---------------------------- Dated 29th June, 2011 JUDGMENT This writ petition has been filed with the prayer to issue a writ of mandamus commanding respondents 1 and 2 to take appropriate action against respondents 3 and 4 to ensure that the concrete slabs put by them unauthorizedly over the drain in the Kallingal road is removed. The further prayer is for issuance of a writ of mandamus commanding respondents 1 and 2 to consider Exts.P2, P5, P6 & P7 representations and to take appropriate action to prevent traffic congestion and water logging in the area. 2. A statement has been filed in this writ petition on behalf of respondents 1 and 2. Paragraphs 3 and 5 thereunder are relevant for the purpose of deciding the issues involved in this writ petition. Respondents 1 and 2 have stated therein that they are taking steps to solve the problem of flooding in the area permanently by constructing drainage canal. It is also stated thereunder that they are taking immediate steps to protect the interest of the petitioner as also the other public in the area. Such steps are being taken with a view to redress the grievances of the petitioner and the general public of the area. In view of the said statements made on behalf of respondents 1 and 2 this WP(C).No.16341/2011 2 writ petition is disposed of with the following directions:- In terms of the statements referred above contained in statement dated 29.6.2011 respondents 1 and 2 shall take appropriate steps for the purpose of constructing drainage canal in the area in question alongside the Kallingal road expeditiously as a measure to solve the problem of flooding. However, as a temporary measure to reduce the hardships and inconveniences on account of flooding it is necessary to clean the drain already constructed in some area alongside the Kallingal road. Therefore, respondents 1 and 2 shall ensure immediate action in that regard at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. Sd/- C.T.RAVIKUMAR Judge TKS