IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 37208 OF 2015
PETITIONER:
ABDUL RASHEED
AGED 47 YEARS
S/O. MOIDU, CHENANDI HOUSE,
KARTHIKAPPALLY P.O., KARTHIKAPPALLY DESOM,
ERAMALA PANCHAYAT,
ERAMALA VILLAGE, KOZHIKODE DISTRICT.
RESPONDENTS:
1 ERAMALA GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY,
ERAMALA P.O., KOZHIKODE, PIN-673501.
2 THE ASSISTANT EXECUTIVE ENGINEER
LSGD SUB DIVISION,
VATAKARA BLOCK PANCHAYAT,
CHOMBALA P.O.,
KOZHIKODE, PIN-673308.
3 THE ASSISTANT ENGINEER
LSGD SECTION,
ERAMALA GRAMA PANCHAYAT,
ERAMALA P.O.,
KOZHIKODE, PIN-673501.
4 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
LOCAL SELF GOVERNMENT INSTITUTIONS,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,
PIN-695001.
R4 - SRI.K.P.HARISH,SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C.) No. 37208/2015
2
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:-
"i. Declare that the 1st respondent Panchayat has no authority to do a work violating the approved route prescribed in Ext.P1 by the 2nd and 3rd respondents.
ii. Issue a writ in the nature of Mandamus or any other appropriate, writ, order or direction directing the respondents 1 to 3 to complete the metalling and tarring of Punathilkandi Thaza-Canal road situated in Ward No. 9 of Eramala Grama Panchayat strictly in accordance to Exhibit P1 sanction order and the appending approved sketch."
2. The grievance pointed out by the petitioner is that the first respondent - Grama Panchayat started a work for metalling and tarring of Punthilkandi Thazha - Canal Road as per Ext.P1 approved sanction order and approved route. It is also stated that the approved route is 89 meters towards North and 33 meters towards West evident from Ext.P1 sketch. Petitioner is residing near the W.P.(C.) No. 37208/2015 3 33 meters stretch towards West mentioned in Ext.P1 approved sketch. However, when the work started, some of the members of the then ruling party of the 1st respondent - Grama Panchayat objected the work of 33 meters stretch towards the West saying that the petitioner and three others residing on the sides of the above road are not members of the ruling party. Therefore, petitioner apprehended that the Grama Panchayat was going to deviate the work from the original sanctioned route and extending 33 meters towards North instead of the 33 meters towards West. It is the prime contention of the petitioner that the decision to deviate Ext.P1 approved sanction order is due to a political reason and therefore, vitiated by malafides. It is thus seeking appropriate reliefs, this writ petition is filed.
W.P.(C.) No. 37208/2015 4
3. When the matter came up for admission before this Court on 09.12.2015, interim order as prayed for was granted for a period of one month. Thereafter, it was periodically extended and finally, it was extended until further orders on 07.07.2016 and the said order is in force even now.
4. Admittedly, consequent to the stay granted by this Court, I am of the opinion that no work has taken place in respect of the road in question or the work can only be presumed to be completed on the basis of Ext.P1 tender. However, if the work is still pending, one will have to visualise that the tender amounts of the year 2015 would not be sufficient to carry out the work, after a period of seven years.
5. In that view of the matter, the writ petition is disposed of leaving open the liberty of the W.P.(C.) No. 37208/2015 5 Panchayat to pursue the construction of the road work, in accordance with law, after inviting fresh tenders. However, I make it clear that if the work is completed in terms of Ext.P1, the direction given above would stand vacated.
The writ petition is disposed of as above.
Sd/-
SHAJI P. CHALY JUDGE DCS/01.07.2022 W.P.(C.) No. 37208/2015 6 APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FORM OF TENDER DATED 30/09/2015 AND THE TECHNICAL SANCTION ACCORDED AS PER ORDER NO 153/15-16 ALONG WITH THE SKETCH OF THE WORK DTD 16/9/2015 Exhibit P2 TRUE COPY OF THE AGREEMENT NO AE/LSGD/EP/27/15-16 DTD 20/11/2015 Exhibit P3 TRUE COPY OF THE ROUGH SKETCH SHOWING THE PERSONS RESIDING IN THE 33 METER SKETCH TOWARDS WEST AND THE PERSONS RESIDING IN THE 33 METERS EXTENSION PROPOSED BY THE IST RESPONDENT IN VIOLATION OF EXT P1