GRACIOUS KURIAKOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners have approached this Court seeking directions to the Corporation to widen the drain running on the southern side of the Shenoy Cross Road towards Kathrikadavu, particularly at the area where the residences of respondents 6 to 11 are situating.

(2.) Sri.K.K.Chandran Pillai, learned senior counsel, instructed by Sri.Lal George, appearing on behalf of the petitioners, took me through Ext.P4 sketch and showed me that, except at the stretch of the drain which runs through the properties of respondents 6 to 11, it has sufficient width; and consequently that there is a bottleneck caused, thus restricting the flow of storm and drain water by 60 to 70%.

(3.) The learned senior counsel then submitted that when there was a similar issue with respect to the another part of the "Seena thodu", the petitioners, along with others, had approached this Court to obtain Ext.P2 order and P3 judgment respectively, as per which, the said "thodu" was directed to be widened even through the properties of private persons, making it clear that the said properties will remain with them in ownership and possession and that a new drain will be completely slabbed, so that there will be no interdiction for them from using it in future.