Dismissed

Ali v. State of Kerala & 3 Others

Kerala HC17 Oct 2011WP(C)/16694/2009

Case brief

AI extract

What is this about?

Petitioner sought directives for respondents 2 and 3 to maintain a blocked water channel affecting his property. Court found the Vazhakulam Grama Panchayat responsible for maintenance and dismissed the petition, directing petitioner to approach the Panchayat.

What did the court decide?

Writ petition disposed of; Petitioner directed to move the Panchayat for necessary action regarding the water channel.

Ali Vs State of Kerala & 3 Others — Constitutional and Fundamental Rights | Kerala HC (2011)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

¶4

MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933

¶5

WP(C).No. 16694 of 2009(F) --------------------------

¶6

PETITIONER(S): ---------------

¶7

ALI, AGED 59, S/O.ABDUL REHIMAN, CHELAPRA HOUSE, VADAKKEVAZHAKULAM KARA, MARAMPILLY VILLAGE, KUNNATHUNADU TALUK.

¶8

BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM

¶9

RESPONDENT(S): ---------------

¶10

STATE OF KERALA, REP.BY PRINCIPAL SECRETARY, PWD DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

¶11

EXECUTIVE ENGINEER,

¶12

PWD (ROADS DIVISION), MUVATTUPUZHA.

¶13

ASSISTANT EXECUTIVE ENGINEER, PWD (ROADS DIVISION), PERUMBAVOOR.

¶14

ABDULLA, S/O.KHADER, AGED ABOUT 55, KIZHILAN HOUSE, VADAKKEVAZHAKULAM KARA, MARAMPILLY VILLAGE, KUNNATHUNADU TALUK.

¶15

VAZHAKULAM GRAMA PANCHAYAT, MARAMPILLY P.O., ALUVA 683 107, REP. BY ITS SECRETARY.

¶16

(Impleaded as per order dated 17.10.2011 in I.A.15246/11)

¶17

ADV. SRI.S.RENJITH FOR R4 SR GP M.J.RAJASHREE

¶18

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

WP(C).No. 16694 of 2009

¶20

APPENDIX

¶21

EXHIBITS

¶22

EXT.P1TRUE COPY OF COMPLAINT SENT ON 28.4.09 BY THE PETITIONER TO RESPONDENTS 2 AND 3.

¶23

EXT.P2TRUE COPY OF THE A/D CARD

¶24

EXT.R4(a)THE PHOTOCOPY OF THE REQUEST GIVEN TO THE VAZHAKULAM GRAMA PANCHAYATH

¶25

EXT.R4(b)PHOTOCOPY OF THE REPORT ISSUED BY THE SECRETARY OF THE VAZHAKULAM GRAMA PANCHAYATH

¶26

(True copy)

¶27

P.A. To Judge

¶28

ANTONY DOMINIC, J

¶29

....................................................... W.P.(C).16694/2009

¶30

Dated this the 17^th day of October, 2011

¶31

JUDGMENT

¶32

Petitioner is a resident of Marampilly Village at

¶33

Kunnathunadu Taluk. According to the petitioner, on the western side of his property there is a PWD road and his property is situated at the lower lever from the said road. It is stated that there is a water channel which was blocked by the fourth respondent as a result of which, rain water flows into his property. It is therefore, the writ petition is filed, seeking a direction to respondents 2 and 3 to maintain and repair the water channel.

¶34

The fourth respondent has filed an affidavit which shows that the water channel in question is passing through a portion of the property surrendered by it and that such water channel is maintained by the additional fifth respondent Panchayat. It is stated that he has not blocked the water channel nor has he did anything to interfere the flow of water.

¶35

Now that from the materials produced, it is the Panchayat which is responsible for maintaining the water channel, if at all

¶36

W.P.(C).16694/09

¶37

¶38

there is any block necessitating repair of the channel, it is for the petitioner to move the Panchayat in which event Panchayat shall take necessary action.

¶39

Writ petition is disposed of as above.

¶40

ANTONY DOMINIC, Judge

¶41

mrcs

Ali v. State of Kerala & 3 Others

Case brief

What is this about?

What did the court decide?

Ali v. State of Kerala & 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

P.K.Rajan Vs State of Kerala & Others

Raghunath T.V. Vs District Collector and Others

Ramya and Others Vs C.I.of Police,Paravur Police Station

Nisha Vs the Kerala State Legal Servicesauthority

Lissyamma. L Vs State of Kerala

Mannam Ayurveda Co-Operative Medical Vs Admission Supervisory Committee