Hydrose vs the Secretary

Hydrose vs The Secretary

Type Court Judgment Court Kerala Decided Mar 01, 2024

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https://sooperkanoon.com/case/1309324

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Citation: sooperkanoon.com/1309324
Court: Kerala High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: Mar 01, 2024
Case Number: WP(C)/5977/2024

Parties & Advocates

Appellant / Petitioner

Hydrose

Respondent

The Secretary

Excerpt

in the high court of kerala at ernakulampresent the honourable mr.justice v.g.arun friday, the 1st day of march 2024 / 11th phalguna, 1945 petitioner/s: hydrose aged 65 years s/o. syed muhammed, kummattuputhenpurayil, pattimattom, ernakulam district, pin - 683562 g.hariharan praveen.h. k.s.smitha b.r.sindu v.r.sanjeev kumar respondent/s: 1 the secretary kunnathunadu grama panchayat, kunnathunadu., ernakulam district, pin - 683562 2 kunnathunadu grama panchayat kakkanad pallikara road, pallikkara, ernakulam district represented by its secretary, pin - 683565 abraham p.meachinkara paul k varghese a.a.geetha this writ petition (civil) having come up for admission on 01.03.2024, the court on the same day delivered the following: -2-judgmentthe petitioner’s grievance is regarding the unscientific manner in which the road leading to his house is being reconstructed and the possibility of water logging in the area.2. the learned counsel for the petitioner would submit that, had the road been constructed in a proper manner and with appropriate drainage system, no such issue would have arisen.3. learned counsel for the panchayat submits that theproposal for constructing the drainage is under consideration. the writ petition is accordingly closed, leaving it open for the panchayat to take appropriate decision with respect to the construction of drainage, keeping in mind the ground realities. sd/- v.g.arun judge uu 01.03.2024 -3- appendix of wp(c) 5977/2024 petitioner exhibits exhibit p1 a true photograph of laying interlock tiles in front of the petitioner's house on 13.02.2024 exhibit p2 a true copy of the objection dated 13.02.2024 submitted by the petitioner before the 1st respondent exhibit p3 a true copy of the acknowledgement dated 13.02.2024 issued by the 1st respondent evidencing receipt of exhibit.p2 respondent annexures annexure r3(a) true copy of the letter of acceptance issued by the 1st respondent to the applicant dated nil. annexure r3(b) true copy of the

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 1ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945 PETITIONER/S: HYDROSE AGED 65 YEARS S/O. SYED MUHAMMED, KUMMATTUPUTHENPURAYIL, PATTIMATTOM, ERNAKULAM DISTRICT, PIN - 683562 G.HARIHARAN PRAVEEN.H. K.S.SMITHA B.R.SINDU V.R.SANJEEV KUMAR RESPONDENT/S: 1 THE SECRETARY KUNNATHUNADU GRAMA PANCHAYAT, KUNNATHUNADU., ERNAKULAM DISTRICT, PIN - 683562 2 KUNNATHUNADU GRAMA PANCHAYAT KAKKANAD PALLIKARA ROAD, PALLIKKARA, ERNAKULAM DISTRICT REPRESENTED BY ITS SECRETARY, PIN - 683565 ABRAHAM P.MEACHINKARA Paul k Varghese A.A.GEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

JUDGMENT

The petitioner’s grievance is regarding the unscientific manner in which the road leading to his house is being reconstructed and the possibility of water logging in the area.

2. The learned Counsel for the petitioner would submit that, had the road been constructed in a proper manner and with appropriate drainage system, no such issue would have arisen.

3. Learned Counsel for the Panchayat submits that the

proposal for constructing the drainage is under consideration. The writ petition is accordingly closed, leaving it open for the Panchayat to take appropriate decision with respect to the construction of drainage, keeping in mind the ground realities. Sd/- V.G.ARUN JUDGE uu 01.03.2024 -3- APPENDIX OF WP(C) 5977/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE PHOTOGRAPH OF LAYING INTERLOCK TILES IN FRONT OF THE PETITIONER'S HOUSE ON 13.02.2024 Exhibit P2 A TRUE COPY OF THE OBJECTION DATED 13.02.2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P3 A TRUE COPY OF THE ACKNOWLEDGEMENT DATED 13.02.2024 ISSUED BY THE 1ST RESPONDENT EVIDENCING RECEIPT OF EXHIBIT.P2 RESPONDENT ANNEXURES Annexure R3(a) TRUE COPY OF THE LETTER OF ACCEPTANCE ISSUED BY THE 1ST RESPONDENT TO THE APPLICANT DATED NIL. Annexure R3(b) TRUE COPY OF THE PROCEEDINGS OF THE MEETING OF THE BENEFICIARIES OF PATTIMATTOM-THEATORPADY-KOTTUVELIPPADY ROAD DATED 16.2.2024.

Same Court & Year Kerala · 2024 Same Parties Hydrose vs The Secretary Same Judge Honourable Mr.Justice V.G.Arun