Muthupandi vs Jafar Khan
2021 Latest Caselaw 6907 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

    FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942

         Con.Case(C).No.1104 OF 2019 IN WP(C). 3526/2019

AGAINST THEJUDGMENT IN WP(C) 3526/2019(M) OF HIGH COURT OF KERALA


PETITIONER:

               MUTHUPANDI
               AGED 59 YEARS
               S/O KASHIPANDI THEVAR, KUNNEL HOUSE, PULLIKKANAM P.O
               PUTHUKADU DIV. IDUKKI DISTRICT

               BY ADV. SRI.K.R.SUNIL

RESPONDENTS:

               JAFAR KHAN
               FATHER'S NAME AND AGE NO KNOWN, EXECUTIVE ENGINEER,
               PUBLIC WORKS DEPARTMENT (ROAD DIVISION),
               IDUKKI - 685 602

               BY SENIOR GOVERNMENT PLEADER SRI.SURIN GEORGE IPE



     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Con.Case(C).No.1104 OF 2019                     2

IN WP(C). 3526/2019




                                 JUDGMENT

Dated this the 26th day of February 2021

This contempt case is filed complaining that the directives

contained in the judgment dated 22.3.2019 in W.P.(C) No.3526/2019 are

not complied with. The directions issued by this Court reads thus:

"4. Learned Counsel for the petitioner submitted that situation

would suffice if a direction is issued WP(C).No. 3526 of 2019 3 to

complete the work as is stated in the statement.

5. Having heard learned Counsel for the petitioner as well as

learned Government Pleader this writ petition is disposed of,

recording that the Government have already taken steps to complete

the construction activities on or before 31.05.2019 and there will be a

direction accordingly. The writ petition is disposed of, accordingly."

2. Today when the matter is taken up, learned Senior Government

Pleader has produced a statement filed in the contempt petition. Paragraph 3

of the said statement would be worthwhile to record in order to understand

the actual factual situation and to avoid any complexity in the future, which is

extracted hereunder:

IN WP(C). 3526/2019

"3. The administrative sanction have accorded for Rs.1,05,00,000/-

for 4 works at Kanjar - Pullikkanam Road and administrative sanction

was accorded for Rs.1,70,00,000/- for 7 works at Moolamattom -

Pullikkanam road and all the works were completed. The details of the

said works are as follows:

Kanjar- Pullikkana road

1. 2019-20 Providing 20 mm bit CC in Kanjar-Pullikkanam Road Ch.15/550 to 16/600 (AS- Rs.25,00,000/-) The work is completed.

2. 2019-20 Providing 20mm bit CC in Kanjar-Pullikkanam road.Ch.16/650 to 17/700 (AS-Rs.25,00,000/-) The work is completed.

3. 2019-20 Providing 20mm bit CC in Kanjar- Pullikkanam road Ch.14/450 to 15/500 (AS- Rs.25,00,000/-) The work is completed.

4. B/W 2017-18 Improvements to Kanjar-Pullikkanam road Ch.00/000 to 03/000(Kanjar-Koovappilly Road (AS-Rs,30,00,000/-) The work is completed.

5. In addition to this some portions of the road is damaged as only bit Chipping Carpet done in the previous year. Hence additional works were arranged in the damaged portions as;

1) 20mm Bit CC to Kanjar- Pulllikkanam road between Ch.09/200 to 11/400.

2). 20mm Bit CC to Kanjar - Pullikkanam road between Ch.04/500 to 06/700.

Tendering process of these two works are in progress.

IN WP(C). 3526/2019

4. Moolamattom-Pullikkanam Road

1. 2018-19 Urgent Maintenance and patch repairs to Moolamattom - Pullikkanam Road Km 4,000 to 6/000 (AS -Rs.20,00,000/-) The work is completed.

2. 2019-20 Providing 20mm bit CC in Moolamattom -Pullikkanam Road Ch.12/000 to 14/200(AS-Rs.20,00,000/-) The work is completed.

3. 2019-20 Providing 20mm bit CC in Moolamattom -Pullikkanam Road Ch.14/300 to 15/458 (AS-Rs.20,00,000/-) The work is completed

4. 2019-20 Providing 20mm bit CC in Moolamattom-Pullikkanam Road Ch.06/000 to 08/500 (AS- Rs. 25,00,000/-). The work is completed.

5. 2019-20 Proving 20mm bit CC in Moolamattom- Pullikkanam road Ch. 10/000 to 11/100 (AS -Rs. 25,00,000/-). The work is completed.

6. B/W 2018-19 Improvements to Manappady- Elappilly- Edadu Road (Mollamattom- Pullikkanam road Km 01/800 to 3/500) (ASRs.30,00,000/-) . The work is completed.

Now the road is fully traffic worthy. As some minor repairs are required for 1.5 Km. Of this road between Ch.10/000 to 12/000, one work is arranged in this chainage."

3. It is also clear from the statement that what remains to be

completed is only 1.5 Kms of road between ch.10/0000 to 12/000 and

according to the learned Senior Government Pleader, every effort is made

by the respondent to complete the road in that extent also.

4. In that view of the matter, I am of the considered opinion that

substantially the judgment rendered by this Court was complied with and

IN WP(C). 3526/2019

two major roads were completed by the respondent and what remains to

be completed is only 1.5 Kms road. Therefore, the contempt petition is

closed, however, I observe that all steps shall be taken to finalaise the

completion of the road in regard to 1.5 Kms.

Sd/-

                                              SHAJI P.CHALY

smv                                                JUDGE


IN WP(C). 3526/2019



                              APPENDIX
PETITIONER'S ANNEUXRES:

ANNEXURE                THE CERTIFIED COPY OF THE JUDGMENT OF
                        THIS HON'BLE COURT DATED 22.03.2019