IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 31954 of 2005(D) -------------------------------------- PETITIONER: -------------------- SRI.GEORGE JOHN, MARUTHIKUNNU, KATTOOKARA, THIRUVALLA-689 101. BY ADV. SRI.GEORGE THOMAS (MEVADA) RESPONDENTS: ------------------------ 1. THE EXECUTIVE ENGINEER, KERALA STATE WATER AUTHORITY, THIRUVALLA-689 101. 2. THE KERALA STATE WATER AUTHORITY, TRIVANDRUM, REPRESENTED BY ITS SECRETARY. BY ADV. SMT.AMBIKA DEVI, SC, KWA SRI.THOMAS MATHEW NELLIMOOTTIL, SC, KWA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.31954/2005 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE LETTER ISSUED BY THE PETITIONER DT. 8.6.1993. EXT.P2:- COPY OF THE LETTER ISSUED TO THE IST RESPONDENT DT. 21.7.04. EXT.P3:- COPY OF THE REPRESENTATION BEFORE THE IST RESPONDENT DT. 6.4.05. EXT.P4:- COPY OF THE NOTICE ISSUED TO THE RESPONDENTS. EXT.P5 SERIES:- COPY OF THE PHOTOGRAPHS OF THE TANK SHOWING LEAKAGE OF WATER ( 2 NOS.) EXT.P6 SERIES:- COPY OF THE PHOTOGRAPHS SHOWN THE FLOODING IN THE PETITIONER'S PROPERTY ( 2 NOS.) /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 31954 OF 2005 --------------------------------------- Dated this the 4th day of July, 2008. J U D G M E N T This writ petition is filed with the following prayers: i) Issue a writ in the nature of mandamus or such other writ, order or direction compelling the respondents to forthwith take all necessary actions for abating the nuisance highlighted in Exhibits P1 and P4, by taking appropriate necessary actions. ii) Issue appropriate directions compelling the respondents to stop the leak from the overhead water tank and make it safe for the petitioner as well as the other people of the locality. iii) Direct the respondents to construct storm water drainage to prevent seepage of water into the property of the petitioner. iv) Direct the respondents to take effective steps to stop the leakage of the underground storage/settings tanks to prevent dangerous unnatural increase in the ground water level to the detriment of the petitioner and others. In case no action has been taken in the matter, petitioner may produce a copy of this judgment along with copy of the writ petition before the first respondent, in which case, appropriate action to prevent the nuisance shall be taken by the first respondent within another two months. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 31954 OF 2005 J U D G M E N T 04.07.2008