Kerala High Court
Narayani Amma vs The State Of Kerala on 17 August, 2009
Author: Kurian Joseph
Bench: Kurian Joseph, C.T.Ravikumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20127 of 2007(U)
1. NARAYANI AMMA, W/O.LATE ACHUTHAN NAIR,
... Petitioner
2. P.JYOTHILEKSHMI, D/O.LATE ACHUTHAN NAIR,
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE DISTRICT COLLECTOR, THRISSUR.
3. THE REVENUE DIVISIONAL OFFICER,
4. THE ASSISTANT EXECUTIVE ENGINEER,
5. CHERPU GRAMA PANCHAYATH,
6. P.V.BHARATHAN,
7. SMT.RAJANI THEKKATH,
For Petitioner :SMT.PREETHY KARUNAKARAN
For Respondent :SRI.A.C.DEVY
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :17/08/2009
O R D E R
KURIAN JOSEPH & C.T.RAVIKUMAR, JJ.
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W.P(C)Nos.20127/2007 & 22453/2008
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Dated this the 17th day of August, 2009
JUDGMENT
Kurian Joseph,J.
The issue raised in these writ petitions pertains to the construction of a drain in Chenam - Ammadam road. In view of the long pending dispute between the parties and the Panchayat, when the writ petitions came up before us we appointed an Advocate Commissioner to find out the feasibility and possibility of a proposal acceptable to all the parties. Thanks to the efforts thus taken by Smt.Priya.P.K., learned Advocate Commissioner, we find that a proposal as acceptable to all the parties has been mooted. In the report dated 6-8-2009 the following suggestions are made at paragraph 8:
(a) To construct a Culvert in the western side of the Ammadam road and through the Bhuvaneswary temple road, it will reach the Chengarayil Padam. Hence 60% of the waste water problem can be solved.
(shown as green colour).
W.P(C).No.20127 of 2007 & W.P(C)No.22453 of 2008 -:2:- (b) Water coming from the upper side can go through Alangad Mana Road. Hence a
culvert junction can be constructed (marked at a point coloured in violet colour).
(c) Culvert covered with slabs can be constructed to pass through Chengarayil road to the field, to solve the entire water problem (as shown in pink colour).
Learned counsel appearing for the Panchayat submits that construction of a culvert as suggested by the learned Advocate Commissioner may not be technically feasible and financially viable at this point of time. But there appears to be no serious dispute that on implementation of suggestions (a) and (c) the main problems on the issue in the locality can be solved.
Therefore, these writ petitions are disposed of with a direction to the Panchayat and P.W.D. to implement suggestion
(a) immediately by constructing a culvert in the western side of Ammadam road through the Bhuvaneswary temple road reaching the Chengarayil Padam. This shall be done within a period of W.P(C).No.20127 of 2007 & W.P(C)No.22453 of 2008 -:3:- three months from today. Learned Advocate Commissioner submits that the channel as suggested in (c) actually passes through the Harijan Colony, contaminating the drinking water in the wells. It is also submitted that the waste water and other wastes including solid wastes are passing through that channel. There will be a direction to the Panchayat and the P.W.D. to construct a proper drainage so that there is no health-hazard to the people in the locality. It is also made clear that while implementing suggestion (c) all the three sides should be properly plastered and it should be covered by slabs. The plastering should be to the required thickness so as to ensure that there is no pilferage.
By way of abundant caution it is made clear that only after constructing and operating suggestion (a), the construction at (c) shall be undertaken.
In order to enable the Panchayat and P.W.D. to work out W.P(C).No.20127 of 2007 & W.P(C)No.22453 of 2008 -:4:- the order as above, the interim orders passed by this court are vacated.
We record our appreciation for the efforts taken by the Advocate Commissioner as Conciliator.
(KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg.
KURIAN JOSEPH & C.T.RAVIKUMAR, JJ.
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W.P(C)Nos.20127/2007 & 22453/2008
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JUDGMENT 17th August, 2009