Disposed

Kalvakulam Road Residents Welfare Association v. State of Kerala

Kerala HC2 Jun 2014WP(C)/5536/2012

Case brief

AI extract

What is this about?

Petitioner challenged inaction by Palakkad Municipality regarding road maintenance and drainage causing flooding. Court directed the municipality to ensure periodical maintenance of the road and culvert before every rainy season.

What did the court decide?

Second respondent directed to see that periodical maintenance of the road and culvert is done before every rainy season to avoid difficulties caused to the petitioner.

Kalvakulam Road Residents Welfare Association Vs… — Municipal and Town Planning | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI

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MONDAY, THE 2ND DAY OF JUNE 2014/12TH JYAISHTA, 1936

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WP(C).No. 5536 of 2012 (N)

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PETITIONER :

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------------------

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KALVAKULAM (ROAD) RESIDENTS WELFARE ASSOCIATION AGED 69 YEARS, 18/29, SREEKRISHNA&KALVAKULAM ROAD, PALAKKAD REP. BY ITS SECRETARY M.VENUGOPALAN S/O.RAMANKUTTY NAIR.M RESIDING AT `SUNITHA', PLEASANT STREET KALVAKULAM ROAD, KOPPAM, PALAKKAD.

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BY ADV. SRI.L.RAJESH NARAYAN

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RESPONDENTS :

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-----------------------

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1. STATE OF KERALA REP. BY SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2. SECRETARY PALAKKAD MUNICIPALITY-678 001.

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3. MUNICIPAL ENGINEER PALAKKAD MUNICIPALITY, MUNICIPAL OFFICE, PALAKKAD-678 001.

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R1 BY GOVERNMENT PLEADER SRI.JIBU P. THOMAS R2 BY ADVS. SRI.T.C.SURESH MENON

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SRI.P.S.APPU SRI.A.R.NIMOD

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5536 of 2012 (N)

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APPENDIX

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PETITIONER'S EXHIBITS :

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P1: COPY OF THE NEWSPAPER REPORT.

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P2: COPY OF THE NEWSPAPER REPORT .

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P3: COPY OF THE NEWSPAPER REPORT.

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P4: COPY OF THE LETTER DT 2/9/2010

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RESPONDENT'S EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

A.V.RAMAKRISHNA PILLAI, J.

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= = = = = = = = = = = = = = = = =

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W.P(C) No.5536 of 2012

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= = = = = = = = = = = = = = = = = = Dated this the 2^nd day of June, 2014

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JUDGMENT

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Alleging inaction on the part of the second respondent regarding proper maintenance of a road and a drainage, the petitioner who is the Secretary of Kalvakulam (Road) Residents Welfare Association has approached this Court.

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The petitioner alleges that Kalvakulam road in the 19^th ward

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of the 2^nd respondent municipality forms one of the main arteries of traffic in the town and it serves members of the public of all ranks during the peak hours of any working day.

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The grievance of the petitioner is that the road is not maintained properly by the respondent municipality and due to heavy traffic through the road, it has become dilapidated, studded with bid and small potholes and gaps on the surface. They have a further grievance that due to improper drainage facilities during rainy

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WP(C).5536/12 -:2:-

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season, the waste water enters into the nearby house.

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A detailed statement has been filed by the 2^nd respondent municipality wherein they have stated that the place where the road joins with the bye pass was blocked due to difference in the level of roads and thereby the drainage facility was not working properly. According to them, the only way out is to construct a culvert on the joining place of the drainage and to divert the flood water to Ramanathapuram thodu which is 120 metres away from the present place.

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Today when the matter was taken up for hearing, the learned counsel for the petitioner submitted that subsequent to the filing of the writ petition, the respondent municipality has effected repairs to the road. Though the suggestion put forward by the respondent municipality in their statement is a permanent solution for proper drainage, it was argued by the learned counsel for the petitioner that grave situations could be a avoided if periodical maintenance of

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-:3:-

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WP(C).5536/12

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drainages before the rainy season is done by the second respondent municipality. I see force in the said submission made by the learned counsel for the petitioner.

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Though the petitioner as well as the second respondent can prevail upon the authorities concerned for constructing a proper culvert as suggested by the second respondent as a permanent solution, the second respondent is directed to see that periodical maintenance of the road as well as the culvert is done by the municipality before every rainy season so that difficulties now caused to the petitioner could be avoided.

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With the aforesaid direction, the writ petition is disposed of.

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Sd/-

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A.V.RAMAKRISHNA PILLAI JUDGE

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krj

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/True Copy/

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P.A to Judge

Kalvakulam Road Residents Welfare Association v. State of Kerala

Case brief

What is this about?

What did the court decide?

Kalvakulam Road Residents Welfare Association v. State of Kerala

Case brief

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What did the court decide?

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