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Kerala High Court

P T Joy vs Corporation Of Kochi on 7 November, 2025

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                                                           2025:KER:85381

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     FRIDAY, THE 7TH DAY OF NOVEMBER 2025 / 16TH KARTHIKA, 1947

                          WP(C) NO. 41624 OF 2025

PETITIONER/S:

             P T JOY
             AGED 55 YEARS
             33/63B (PERA NO. 106), FIRST LANE, DIVISION NO. 42,
             PRATHIBHA ROAD, PADIVATTOM, KOCHI, PIN - 682024


             BY ADVS.
             SRI.LEGITH T.KOTTAKKAL
             SRI.P.R.BANERJI
             SMT.AMMU CHARLES




RESPONDENT/S:

      1      CORPORATION OF KOCHI
             OFFICE OF THE KOCHI MUNICIPAL CORPORTTION, ERNAKULAM
             REPRESENTED BY ITS SECRETARY, PIN - 682011

      2      THE REGIONAL OFFICER
             CORPORATION OF KOCHI, ANCHUMANA ROAD, EDAPPALLY,
             PIN - 68202

             SRI C N PRABHAKARAN


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    07.11.2025,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 41624 OF 2025                    2

                                                                 2025:KER:85381

                         P.V.KUNHIKRISHNAN, J.
                  ---------------------------------------------
                       WP(C) NO. 41624 OF 2025
              ------------------------------------------------------
               Dated this the 7th day of November, 2025

                                  JUDGMENT

This writ petition is filed seeking the following reliefs:

"1. Issue a writ of mandamus or any other appropriate writ, order, or direction commanding the respondents to take immediate and effective steps for the construction of a proper drainage system along Prathibha Road First Lane, and to connect the same to the existing canal on Prathibha Road so as to prevent recurrent water logging in the area;
2. Issue a direction to the 1st respondent Corporation of Kochi to consider and act upon the petitioner's representation dated 17.09.2025 (Exhibit P5) and Exhibit P3 recommendation of ward Councillor;
3. Issue a direction to the respondents to take remedial measures to drain out stagnant water and restore safe and motorable access to the petitioner's residence by constructing drainage for flow of waste water/rain water;
4. Grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case
5. Award cost of this proceedings to the petitioner."

[SIC]

2. The petitioner is aggrieved because there no proper drainage facility at First Lane of Prathibha Road, which is situated in the Kochi Corporation. The petitioner submitted Ext.P5 before the 1 st respondent. The grievance of the petitioner is that the same is not considered.

3. Heard.

WP(C) NO. 41624 OF 2025 3

2025:KER:85381 After hearing both sides, I think there can be a direction to the 1st respondent to consider the same, and do the needful in accordance with law. Therefore this writ petition is disposed of with the following directions:

i) The 1st respondent is directed to consider Ext.P5, after giving an opportunity of hearing to the petitioner and also the jurisdictional Counselor of the Municipal Council, and take appropriate decisions in accordance with law, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment.

Sd/-


                                              P.V.KUNHIKRISHNAN
                                                        JUDGE

     AJ


     Judgment reserved         NA
     Date of Judgment          07.11.2025
     Draft judgment placed     11.11.2025

Final Judgment uploaded 12.11.2025 WP(C) NO. 41624 OF 2025 4 2025:KER:85381 APPENDIX OF WP(C) 41624/2025 PETITIONER EXHIBITS Exhibit P1 THE PHOTOGRAPHS OF THE WATER LOGGING Exhibit P2 TRUE COPY OF THE LETTER DATED 16-05-2025 SUBMITTED BY THE PADIVATTOM EAST RESIDENTS ASSOCIATION TO THE KOCHI CORPORATION Exhibit P3 TRUE COPY OF THE COMMUNICATION DATED 16- 06-2025 FROM THE WARD COUNCILLOR TO THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE APPLICATION DATED 18-08- 2025 UNDER RIGHT TO INFORMATION ACT SUBMITTED TO 2ND RESPONDENT Exhibit P4(A) TRUE COPY OF THE POSTAL TRACKING RECORD FROM INDIAPOST Exhibit P5 TRUE COPY OF THE LETTER DATED 17-09-2025 SUBMITTED BEFORE THE 2ND RESPONDENT