IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 WP(C).No. 9627 of 2008(U) ------------------------- PETITIONER: ------------ ABDUL AZIZ,S/O.MOOSA,AGED 48 YEARS ARIMBRA HOUSE,PANDIKKADU P.O.,PIN 676 521 BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS: ------------- 1. STATE OF KERALA REP. BY THE SECRETARY TO LOCAL SELF GOVERNMENT DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY PANDIKKADU GRAM PANCHAYATH,PANDIKKADU,PIN 676 521 3. THE ASSISTATNT ENGINEER, PWD ROAD SECTION, VANDOOR, MALAPPURAM DISTRICT R1 & R3 BY GOVT. PLEADER MR.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.9627 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 24th March, 2008 JUDGMENT I do not propose to go into the merits of the matter. The grievance of the petitioner is that an abandoned public well situated in the middle of Pandikkadu town on the main road leading to Perinthalmanna is causing obstructions to the free moment of vehicles on the road. The well in question though situated on a P.W.D.Road belongs to the Panchayat and falls within the domain of the Panchayat. The petitioner has submitted Ext.P4 representation before the 2nd respondent and Ext.P5 representation before the third respondent requesting that the well be closed down. Considering the grounds raised in the Writ Petition and the submissions of Mr.C.A.Chacko, counsel for the petitioner, I am inclined to dispose of the Writ Petition at this stage itself issuing the following directions: The 2nd respondent will take up Ext.P4, consider the same in the light of the various grounds raised in the Writ Petition and take a correct and just decision on Ext.P4 after hearing the petitioner within one month of receiving copy of this judgment. Similarly, the third respondent will take up Ext.P5, record his remarks after conducting local inspection on Ext.P5 and forward the same to the Executive W.P.C.No.9627/08 - 2 - Engineer, P.W.D.Roads Division, Malappuram so as to enable the Executive Engineer to take such action as is necessary on Ext.P5. The Writ Petition is disposed of as above. srd PIUS C.KURIAKOSE, JUDGE