Philip John vs Election Commission Of India
2021 Latest Caselaw 11469 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.7637 OF 2021(D)


PETITIONER:

      1        PHILIP JOHN
               AGED 55 YEARS
               S/O.JOHN, PANAVELIL HOUSE,
               (PANAVELIL HARDWARES AND STORES), PAZHAVANGADI PO,
               RANNI, PATHANAMTHITTA DISTRICT, PIN-689 673.

      2        C.V.MATHEW
               AGED 65 YEARS
               S/O. C.M.VARKEY, CHINGAMPARABIL HOUSE
               (WHOLESALE PROVISION STORES), PAZHAVANGADI PO,
               RANNI, PATHANAMTHITTA DISTRICT, PIN-689 673.

               BY ADVS.
               SRI.JACOB P.ALEX
               SRI.JOSEPH P.ALEX
               SHRI.MANU SANKAR P.

RESPONDENTS:

      1        ELECTION COMMISSION OF INDIA
               REPRESENTED BY ITS DIRECTOR GENERAL,
               NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI-110 001.

      2        CHIEF ELECTORAL OFFICER
               (ADDITIONAL CHIEF SECRETARY), OFFICE OF THE CHIEF
               ELECTORAL OFFICER, 3RD AND 4TH FLOOR,
               ADMINISTRATIVE BLOCK, KERALA LEGISLATIVE ASSEMBLY
               COMPLEX, THIRUVANANTHAPURAM, PIN-695 033.

      3        DISTRICT ELECTION OFFICER
               (DISTRICT COLLECTOR), CIVIL STATION,
               PATHANAMTHITTA, PIN-689 645.

      4        CHIEF ENGINEER
               KERALA STATE TRANSPORT PROJECT, JAGAD BUILDING,
               KESTON ROAD, NANTHANCODE, KAWDIAR PO,
               THIRUVANANTHAPURAM, PIN-695 003.

      5        EXECUTIVE ENGINEER
               PWD KSTP DIVISION, PONKUNNAM, KANJIRAPALLY,
               KOTTAYAM DISTRICT, PIN-686 506.
 WP(C).No.7637 OF 2021(D)

                               2



      6      EXECUTIVE ENGINEER
             KERALA WATER AUTHORITY,
             PATHANAMTHITTA, PIN-689 645.

      7      DIVISIONAL ENGINEER
             BSNL, MUNDAPUZHA, PAZHAVANGADI PO,
             RANNI, PIN-689 673.

      8      EKK INFRASTRUCTURE LTD.
             REPRESENTED BY ITS MANAGING DIRECTOR,
             CORPORATE OFFICE, UTHIMOODU PO, RANNI,
             PATHANAMTHITTA DISTRICT, PIN-689 672.

             BY ADV. SRI.DEEPU LAL MOHAN
             BY SHRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY
             BY ADV. SMT.I.SHEELA DEVI

OTHER PRESENT:

             SMT.PRINCY XAVIER, GP

     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.7637 OF 2021(D)

                                        3




                                J U D G M E N T

Petitioners, who are businessmen, have filed this

writ petition aggrieved by Ext.P1 order by which

District Collector ordered that no work of road

cutting, trenching etc., by KWA, KSEB, PWD and KSTP

shall be done from 12.03.2021 onwards till the

counting is over in the Pathanamthitta District.

Petitioners point out that in case the upgradation

work for Highway which has been going on is not

carried out the Ranni town which is already a flood

prone area would be severely affected by floods and it

will not be able to complete the work before the

Manzoon, in case the repair works and drainage works

are kept pending. Pointing out these difficulties

petitioners had submitted Ext.P5 representation before

the respondents requesting for permission to carry out

the upgradation work of the road.

2. Learned Standing Counsel for the BSNL has WP(C).No.7637 OF 2021(D)

filed a statement, according to which, it has to

facilitate connectivity for 121 webcasting booths on

the basis of the directions issued by the Election

Commission of India. It is stated that the carrying

out of the work in the road by the KWA, KSTP etc., are

likely to destroy the work of the BSNL, which will

cause hindrance to the webcasting.

3. Learned Standing Counsel for Election

Commission of India submitted that Ext.P5

representation submitted by the petitioners would be

considered in consultation with the BSNL as well as

the IT Department and a decision would be taken within

a period of one week.

4. Learned counsel for the petitioner submits

that 8th respondent has also submitted Ext.P4

representation before the 3rd respondent and while

considering Ext.P5 representation, the representation

submitted by the 8th respondent shall also be

considered in order to co-ordinate the work with the WP(C).No.7637 OF 2021(D)

BSNL and other stakeholders.

The writ petition is therefore disposed of

recording the submission made by the learned Standing

Counsel for Election Commission of India and with a

direction to the 3rd respondent to consider Exts.P4 and

P5 representations in consultation with the

stakeholders and to take a decision as expeditiously

as possible, within a period of 'two weeks' from the

date of receipt of a copy of the judgment.

Sd/-

P.V.ASHA, JUDGE AS WP(C).No.7637 OF 2021(D)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS BEARING NO.E1-266504/20 DATED 12.3.2021 ISSUED BY THE DISTRICT ELECTION OFFICER AND DISTRICT COLLECTOR, PATHANAMTHITTA.

EXHIBIT P2 TRUE PHOTOGRAPHS (4 NOS.) SHOWING PRESENT STAGE OF ROAD DEVELOPMENT WORK AT RANNI TOWN.

EXHIBIT P3 TRUE PHOTOGRAPHS (2 NOS.) SHOWING FLOODING OF RANNI TOWN DURING 2018.

EXHIBIT P4 TRUE COPY OF THE LETTER BEARING NO.EKK/PKG-8B/2021/146 DATE 15.3.2021 ISSUED BY EKK INFRASTRUCTURE LTD. TO CHIEF ENGINEER, KSTP.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 15.3.2021 SUBMITTED BY IST PETITIONER BEFORE THE DISTRICT ELECTION OFFICER AND DISTRICT COLLECTOR, PATHANAMTHITTA.