Mohammed Shajeer vs The State Of Kerala
2021 Latest Caselaw 11424 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                       WP(C).No.1724 OF 2021(M)

PETITIONER:

               MOHAMMED SHAJEER, AGED 38 YEARS,
               S/O.ABDURAHIM B,
               THERATTAMMAL, OORGATTIRI P.O., AREACODE, MALAPURAM.

               BY ADVS.
               SRI.K.RAKESH
               SRI.MUSTAFA C
               SRI.MUHYUDHEEN.M

RESPONDENTS:

      1        THE STATE OF KERALA,
               REPRESENTED BY ITS SECRETARY,
               THE DEPARTMENT OF FINANCE,
               SECRETARIAT, TRIVANDRUM, PIN-695 001.

      2        THE SECRETARY TO GOVERNMENT,
               THE DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS,
               SECRETARIAT, TRIVANDRUM, PIN-695 001.

      3        THE CHIEF ENGINEER (ROADS AND BRIDGES),
               THE DEPARTMENT OF PUBLIC WORKS, PUBLIC OFFICE,
               MUSEUM JUNCTION, TRIVANDRUM, PIN-695 001.

      4        THE EXECUTIVE ENGINEER,
               PWD ROAD AND BRIDGES, MALAPPURAM,
               MALAPPURAM DISTRICT, PIN-676 505.

*ADDL. R5      M. ABDUL JABBAR, AGED 67 YEARS,
               S/O.ALIKUTTY, RESIDING AT MUNDODAN HOUSE, MOORKKANAD
               P.O., URNATTUGIRI, MALAPPURAM DISTRICT.

               *IS IMPLEADED AS ADDITIONAL R5 AS PER ORDER DATED
               03.03.2021 IN I.A. 1/2021 IN WPC 1724/2021.

               BY ADVS. SRI.S.SHYAM KUMAR
                        SRI.C.M.SURESH BABU, SPECIAL GOVT. PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION              ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1724 of 2021(M)

                                     2

                                JUDGMENT

The writ petition was filed

challenging Ext.P7 order and for a direction

to respondents to complete the work of

Moorkkad footbridge on war footing basis, in

accordance with Ext.P6 Government Order

issued on 11.01.2021.

2. Ext.P7 order was passed by the

Finance Department directing that the work

relating to the footbridge shall be

undertaken by the Public Works Department.

After the writ petition came up for

consideration, the Government again changed

their stand and ultimately issued Ext.P10

letter by the Chief Engineer to the

Government, stating that the appropriate

authority for undertaking the work is the

LSGD and the LSGD has already been given

administrative sanction for carrying out the WP(C).No.1724 of 2021(M)

work for a sum of Rs.3 crore. It was also

stated that the work is to be done on a

Panchayat road and the appropriate authority

to undertake the work would be LSGD.

3. Petitioner's case itself was that the

work has to be undertaken immediately as the

absence of a footbridge was causing very

serious inconvenience to the school students

pointing out that there was unfortunate

incidents in the year 2008, where school

students drowned in the river. It was also

stated that there is no sufficient space for

the service roads if any other kind of

bridge is constructed.

4. The learned Special Government

Pleader submitted that the work can be

completed in tune with Ext.P10 order by the

LSGD on the basis of the administrative

sanction already issued in Ext.P6. WP(C).No.1724 of 2021(M)

Therefore there shall be a direction

to the 2nd respondent to see that the work of

footbridge is carried out at the earliest

point of time, if possible, before the

monsoon starts.

             Accordingly,       the     writ    petition    is

    disposed of.                                   Sd/-

                                                 P.V.ASHA
                                                  JUDGE
    ww
 WP(C).No.1724 of 2021(M)



                           APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1        TRUE COPY OF THE RELEVANT PAGE OF 2019-20

BUDGET ESTIMATE SHOWING THE WORK IN QUESTION.

EXHIBIT P2 TRUE COPY OF THE REPORT DATED 18/5/2020 ISSUED BY THE 3RD RESPONDENT TO THE CONCERNED MINISTER.

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 22/7/2020 ISSUED BY THE EXECUTIVE ENGINEER, PWD TO THE SUPERINTENDING ENGINEER, PWD.

EXHIBIT P4 TRUE COPY OF THE REQUEST SO MADE BY THE CONCERNED MLA DATED 11/5/2020 TO THE FINANCE MINISTER.

EXHIBIT P5 TRUE COPY OF THE G.O. DATED 5/7/2020 ISSUED BY THE FINANCE DEPARTMENT AS NO.G.O.(RT) NO.4067/2020/FIN.

EXHIBIT P6 TRUE COPY OF THE G.O. DATED 11/1/2021 ISSUED BY THE GOVERNMENT OF KERALA AS NO. G.O.(RT) NO.69/2021/LSGD.

EXHIBIT P7 TRUE COPY OF THE G.O.(RT) NO.7278/2020/FIN ISSUED BY THE GOVERNMENT OF KERALA DATED, 15.12.2020.

EXHIBIT P8 TRUE COPY OF THE REQUEST MADE BY THE PRESIDENT OF OORNGATTIRI GRAMA PANCHAYATH BEFORE THE MINISTER FOR LSGD DATED, 12.01.2021.

EXHIBIT P9 TRUE COPY OF THE REQUEST MADE BY THE PRESIDENT OF AREEKKODE GRAMA PANCHAYATH BEFORE THE MINISTER FOR LSGD DATED, 12.1.2021.

EXHIBIT P10 TRUE COPY OF THE LETTER ISSUED BY THE CHIEF ENGINEER P.W.D.DATED, 1.2.2021.

RESPONDENTS' EXHIBITS:

EXHIBIT R5(A) A TRUE COPY OF THE REQUEST FOR ADMINISTRATIVE SANCTION DATED 20/01/2021.