1. This writ petition is filed by the petitioners seeking the following reliefs:

“i. Issue a writ of mandamus or other appropriate writ, order or direction commanding respondents to construct drainage for discharging water from the culvert near Residency Nagar road, Kollam to a convenient place, so as to prevent entry of water to the houses/buildings of the petitioners.

ii. Issue a writ of mandamus or other appropriate writ, order or direction commanding first respondent to implement the suggestions contained in Exts.P5 and P7 reports submitted by the 5th respondent; and

iii. Pass such other orders considering the facts and circumstances of the case in exercise of the extraordinary jurisdiction of this Hon'ble Court.”

2. Material facts for the disposal of the writ petition are as follows:

3. Petitioners are residents of a residential colony, viz., Residency Nagar in Kollam District, wherein 100 houses are situated. The 4th petitioner is also running a Kindergarten, where nearly 200 students below the age of 4 are attending. The Corporation of Kollam sanctioned a project for the widening and development works of Kappalandimukku - Muneeswaramkovil road, and to convert the above said road into a four lane road, which is also known as a Link road. The Corporation has also sanctioned to construct pipe drains, 4 culverts and 212 manholes for draining rain water from Kappalandimukku - Muneeswaramkovil road. The work was executed by Kerala Sustainable Urban Development Project (KSUDP), which started in the year 2009, and was completed in the year 2012.

4. The road is having a length of 3.43 kms. and the cost of construction was Rs.17,08,53,916/-. The original proposal was to drain the flood water from Kadapakada to Union Driving School portion to a stream by name Vannanthodu. However, due to resistance from local residents, apprehending pollution of the said stream, the proposal to drain water to Vannanthodu did not materialize. Pipes were connected to the culvert near Residency Nagar road. But, there was no mechanism to flow water from the culvert further. The culvert was blocked by KSUDP. Therefore, water from the culvert began to forcefully flow through the manholes near Residency Nagar road, and during rainy season, flood water from the culvert began to enter the houses in Residency Nagar Road including that of the petitioners, evident from Ext.P1 photographs. Therefore, according to the petitioners, they have suffered great loss, hardships and inconveniences due to entry of flood water mixed with waste water to their houses.

5. On 07.11.2011, there was heavy unexpected rain resulting in heavy flood in the area, and thereupon, the residential area was flooded and the petitioners were put to various difficulties and losses consequent to the same. It is also submitted that, there are several hotels functioning in Link road, and there is also a hospital, and the waste generated from the said hospital and hotels is illegally dumped into the drainage. As there is no provision for free flow of water in the newly constructed drainage, the waste water and the rain water are flown out through the manholes, and spread over the road causing foul smell in the entire area. The residents in the area including the petitioners will have to carry on their daily life by walking through the waste water to reach their houses. Other contentions are also raised and have produced documents to show that there is no action from the side of the Corporation, in spite of earnest efforts made by the petitioners and others.

6. Ext.P3 is a representation submitted before the Secretary of the Corporation and Ext.P4 is yet another representation before the Corporation with copy to various persons, including the District Collector, Kollam. Ext.P5 is a communication issued by the KSUDP dated 28.05.2012, in which, it is stated that, the flooding of the water during rainy season can be eliminated by completing the drainage system and making the flow of water smooth