BOSCO Vs. CORPORATION OF KOCHI

JUDGEMENT

(1.) The petitioner has approached this Court seeking directions to respondents 1 and 2 to take effective steps to reclaim a public drain, allegedly encroached upon by the 3 rd respondent, which is situated on the southern side of the Kumaranasan Road and the western side of the Palaparambil Road in Kochi. The petitioner says that on account of these unauthorised encroachments into the public drain, the entire locality is inundated during the rains; and therefore, that respondents 1 and 2 must now take immediate action in terms of law.

(2.) The learned counsel appearing for respondents 3 and 4 - Sri.R.Rajesh Kormath, submitted that counter pleadings have been placed on record on behalf of his clients, wherein, documents have been produced to show that certain minor constructions had been done by the wife of the 3rd respondent in thier own property; but that, subsequently, when they were notified by the Corporation to remove it, it was complied with and therefore, that there is absolutely no basis for the allegation of the petitioner as now made by him in this writ petition. He says that the public drain has not been encroached upon by his clients or by the wife of the 3 rd respondent and that the flow of water through the said area is now normal and as per requirement. He says that the attempt of the petitioner is only to create collateral evidence for the purpose of certain civil proceedings between the parties and therefore, that this writ petition is being now used as a tool in their internecine disputes. He, therefore, prays that this writ petition be dismissed.

(3.) The learned Standing Counsel for the Corporation of Kochi-Smt.Sareena George, submitted that, in view of the various other orders passed by this Court in certain other writ petitions, the mapping of the drains in the entire city of Kochi is being done by a High Power Committee, which includes the Secretary of the Corporation; and therefore, that the allegation in this writ petition can also be looked into and verified, particularly as to whether there is any encroachment into the public drain as alleged by the petitioner. She says that this Court may grant the Secretary liberty to do so in terms of law.