The petitioner has approached this Court through the present writ petition aggrieved by the inaction on the part of the respondent Municipality in implementing Ext.P5 order passed by the Municipality pursuant to directions issued by this Court in W.P. (C).No.22393 of 2013. It is the case of the petitioner that notwithstanding the passing of Ext.P5 order, the respondent Municipality has taken no steps to implement the same, more particularly, when there has been no order preventing the Municipality from implementing its order. It is the petitioners case that during the monsoon season, there is intense water logging that is faced by residents of the locality and it was incumbent upon the Municipality to take prompt action to redress their grievances.
2. I have heard Sri.Ramesh Cherian John, the learned counsel appearing on behalf of the petitioner as also Sri.Philip J.Vettickattu the learned Standing Counsel for the respondent Municipality.
3. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I am of the view that the writ petition itself can be disposed taking into account the submissions of the learned Standing counsel for the respondent W.P.(C).No.24890 of 2014 -2-
Municipality that their inaction, with regard to implementation of Ext.P5 order was solely on account of the fact that the person against whom directions were issued in Ext.P5 order had since filed an appeal against the said order, which is pending consideration before the 2nd respondent Appellate Authority. It is pointed out however, that there is no order of stay granted in the appeal and in that sense there is nothing coming in the way of implementing Ext.P5 order. He, however, prays that the respondent Municipality be given some time to implement the order.
4. Taking into account the difficulties faced by the petitioners, I feel that it would be the interest of justice that I direct the 2nd respondent to pass orders in the appeal preferred against Ext.P5 order within a period of two weeks from the date of receipt of a copy of this judgment after hearing the appellant in the appeal as well as the petitioner herein. If, for any reason, the respondent Municipality is not able to dispose the appeal within the aforesaid period of two weeks, then it shall take immediate steps to remove the obstruction in implementation of Ext.P5 order already passed by it.
With these directions, the writ petition is disposed as above.
mns A.K.JAYASANKARAN NAMBIAR JUDGE W.P.(C).No.24890 of 2014 -3-