JUDGMENT : 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. 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 and easy. It is also pointed out in Ext.P5 that the construction shall be carried out by the Corporation itself. Ext.P6 is a statutory notice issued to the Corporation Mayor, as well as KSUDP. In spite of all these earnest efforts, there was no action from the Corporation, which finally culminated in this writ petition. 7. A counter affidavit is filed by the 2nd respondent Corporation, refuting the allegations and claims and demands raised by the petitioners. Ext.P6 is a statutory notice issued to the Corporation Mayor, as well as KSUDP. In spite of all these earnest efforts, there was no action from the Corporation, which finally culminated in this writ petition. 7. A counter affidavit is filed by the 2nd respondent Corporation, refuting the allegations and claims and demands raised by the petitioners. According to the Corporation, the work in respect of discharging the water collected on the road in question was included in the KSUDP Plan and the work had been started. However, due to strong protest from the local residents, the project could not be completed and the KSUDP has blocked the said culvert. During the said period, fund allotted from ADB has been seized and the KSUDP has stopped the work. It was due to unavailability of ADB fund or own fund or plan fund, the Corporation is facing serious shortage of fund to continue with the said work. KSUDP has stopped undertaking such works and the KSUDP is almost on the brim of winding up. So, there is no understanding between KSUDP and the Corporation at present for undertaking any projects. 8. That apart, it is submitted that, Corporation has worked out another alternate proposal to construct a covered drain starting from Chenatt NSS Karayogam to Vallakkadavu, and the proposal has been submitted to the PWD (Roads Division) for consideration. The proposal was submitted to the PWD in pursuance of a decision taken by the Steering Committee of the Corporation held on 25.07.2015, evident from Ext.R2. Actually, the proposed drain is to be constructed along the side of the PWD road. Therefore, PWD alone can construct the proposed work using State fund. Other contentions are also raised. 9. I have heard learned counsel for the petitioners, learned Senior Government Pleader and the learned counsel appearing for the Kollam Corporation. Perused the documents on record and the pleadings put forth by the respective parties. 10. On assimilation of facts and circumstances, it is evident that, as is contended in the writ petition, the petitioners and other residents of Residency Nagar housing colony are facing innumerable difficulties and inconveniences due to flooding in the said area, especially during rainy season. It is also an admitted fact that the project undertaken by the KSUDP was not completed. On assimilation of facts and circumstances, it is evident that, as is contended in the writ petition, the petitioners and other residents of Residency Nagar housing colony are facing innumerable difficulties and inconveniences due to flooding in the said area, especially during rainy season. It is also an admitted fact that the project undertaken by the KSUDP was not completed. According to the petitioners, the flooding is caused, since the drainage was not constructed, so as to reach a clear outlet. It is an admitted fact evident from the counter affidavit filed by the Corporation as well as Ext.P5 communication issued by the KSUDP. 11. According to KSUDP, the said authority is not undertaking any more project and it could not complete the project started in the year 2009, by making a clear outlet to the stream due to the objections and obstructions created by the people of the locality residing near Vannamthodu, stating that the water running through the stream would be polluted by diverting the waste water from the drains. However, fact remains, the petitioners and others are still under the threat of flood, especially during rainy season. In the counter affidavit filed in the year 2015, the Corporation is of the opinion that the Corporation is not having sufficient funds, and therefore, the PWD will have to undertake the project in order to complete the drain by constructing the drainage up to a clear outlet through the PWD road. 12. In my considered opinion, Sec.30 of the Kerala Municipality Act clearly prescribes the obligations, duties and responsibilities to be discharged by the Municipal Corporation, which reads thus: “30. 12. In my considered opinion, Sec.30 of the Kerala Municipality Act clearly prescribes the obligations, duties and responsibilities to be discharged by the Municipal Corporation, which reads thus: “30. Powers, functions and responsibilities of Municipality.-- (1) The administration of a Municipal area in respect of the matters enumerated in the First Schedule shall, subject to the provisions of this Act and such other provisions as may be prescribed in this behalf and the provisions of other Acts and the rules made thereunder vest in the Municipality and it shall have the power and responsibility to prepare and implement schemes for economic development and social justice in relation to the matters enumerated in the First Schedule: Provided that, it shall be the duty of the Municipality to render necessary service to the inhabitants of the Municipal area in respect of the matters enumerated as mandatory functions in the First Schedule; (2) Municipality shall have such powers, authority and responsibilities of the Government as prescribed, to enable it to function as an institution of self Government in respect of the matters entrusted to it. (3) The Government shall, as soon as may be after the coming into force of this Act, transfer all institutions, schemes, buildings, other properties, assets and liabilities connected with the matters mentioned in the First Schedule, to the Municipalities concerned. (4) The Central and State Plan allocations, for the time being in force and the annual budget allocation in respect of the subjects transferred to the Municipalities by the Government shall be wholly allotted to the respective Municipalities. (5) The municipality shall manage to institutions and administer the schemes transferred to it, subject to the guidelines and technical directions from the Government and in accordance with the State and National policies. (6) Every institutions transferred by Government to the Municipality shall be in the name of that Municipality and shall be known accordingly. (7) The Municipality shall not have power to sell, transfer, alienate or mortgage any property transferred to it under sub-section (3). (8) Government may resume any property transferred to the Municipality, if it is no more required by the Municipality for the purpose for which it was so transferred. (9) There shall be constituted a Managing Committee consisting of not more than fifteen members including its chairman in the prescribed manner for public health institutions transferred to the Municipality. (8) Government may resume any property transferred to the Municipality, if it is no more required by the Municipality for the purpose for which it was so transferred. (9) There shall be constituted a Managing Committee consisting of not more than fifteen members including its chairman in the prescribed manner for public health institutions transferred to the Municipality. (10) Where any scheme, project or plan involves selection of beneficiaries, the criterion for the eligibility and priority for such selection shall be determined by the Municipality subject to the terms and conditions of the scheme, project or plan and such criteria shall be published in the prescribed manner and shall be intimated to the Ward Committee or the Ward Sabha concerned. (11) The Municipality shall invite applications for the selection of beneficiaries and prepare the draft priority list after making enquiry on the applications received in this behalf and send it for the consideration of the Ward Committee or the Ward Sabha concerned. (12) The Ward Committee or the Ward Sabha shall scrutinize the draft priority list for the selection of beneficiaries in a meeting convened inviting the applicants also and prepare the final list and forward it for the approval of the council. (13) The Council shall not alter the priority of the list prepared by the Ward Committee or the Ward Sabha.” 13. By virtue of Sec.30(A), First Schedule is constituted to the Kerala Municipality Act, 1994, from which, it is evident that, there are Mandatory Functions to be discharged by the Municipality, which reads thus: “A. Mandatory Functions 1. Regulating building construction. 2. Protection of public land from encroachment. 3. Conservation of traditional drinking water sources. 4. Preservation of ponds and other water tanks. 5. Maintenance of waterways and canals under the control of the Municipality. 6. Collection and disposal of solid waste and regulation of disposal of liquid waste. 7. Stream water drainage. 8. Maintenance of environmental hygiene. 9. Management of public markets. 10. Vector control. 11. Regulation of slaughtering of animals and sale of meat, fish and other easily perishable food stuffs etc. 12. Control of eating houses. 13. Prevention of food adulteration. 14. Maintenance of roads and other public properties. 15. Street lighting and its maintenance. 16. Adopt immunisation measures. 17. Effective implementation of National arid State level strategies and programmes for prevention and control of diseases. 18. 12. Control of eating houses. 13. Prevention of food adulteration. 14. Maintenance of roads and other public properties. 15. Street lighting and its maintenance. 16. Adopt immunisation measures. 17. Effective implementation of National arid State level strategies and programmes for prevention and control of diseases. 18. Establishment and maintenance of burial and burning grounds. 19. Issue of licences to industries, trades and services protecting public interests such as environment, public safety and public health. 20. Registration of births and deaths. 21. Providing bathing and washing ghats. 22. Arranging ferries. 23. Providing parking spaces for vehicles. 24. Construction of waiting sheds for travellers. 25. Providing toilet facilities and bathing ghats at public places. 26. Regulating the conduct of fairs and festivals. 27. Issue licence to domestic dogs and destroy stray dogs. 28. Providing basic facilities in slum areas. 29. Amenities including foot path and road crossing facilities for pedestrains. 30. Preparation of detailed town planning and Action plan for implementation in a phased manner.” 14. It is clear from Sl.Nos.5 and 7 that the construction and maintenance of canals is a mandatory duty of the Municipality. So also, Sl.No.8 makes it clear that, Municipality is duty-bound for the maintenance of environmental hygiene. That apart, other functions are also there, which are mandatorily to be discharged including maintenance of roads and other public properties, effective implementation of the national and State level projects and programmes for prevention and control of diseases, and for preparation of detailed town planning and action plan for implementation in a phased manner. Apart from all these, other general functions are also to be carried out by the Municipality. Therefore, in my considered opinion, the 1st respondent Corporation cannot be indifferent to the mandatory functions conferred on them by stating that the construction of the drain has to be carried out through the PWD road, and therefore, PWD is to carry out the construction of the drainage. In my considered opinion, the petitioners are entitled to succeed in this writ petition. 15. Therefore, there will be a direction to respondents 1 to 4 to take urgent and immediate steps to alleviate the grievances highlighted by the petitioners in the representations pending before the Corporation, at the earliest possible, and at any rate, within six months from the date of receipt of a copy of this judgment. 15. Therefore, there will be a direction to respondents 1 to 4 to take urgent and immediate steps to alleviate the grievances highlighted by the petitioners in the representations pending before the Corporation, at the earliest possible, and at any rate, within six months from the date of receipt of a copy of this judgment. I also make it clear that, even though an interim order was passed by this Court to do the necessary to alleviate the grievances of the petitioners, as early as on 27.06.2014, no action is so far taken by the Corporation to implement the directives contained in the said interim order also. The writ petition is allowed to the above extent.