Kerala High Court
A.K.Jamal vs State Of Kerala on 20 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942
WP(C).No.17029 OF 2017(S)
PETITIONERS:
1 A.K.JAMAL
AGED 47 YEARS, S/O.KOYAMMU,
ANDARATHARA HOUSE,
CHENRAPPINNI EAST P.O.,
THRISSUR - 680 687.
2 AFZAL K.A.
AGED 21 YEARS,
S/O.ABDULKHADER, KARAPPAMVEETIL HOUSE,
EDATHIRUTHI P.O., THRISSUR - 680 703.
BY ADV. SRI.K.K.RAJEEV
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
IRRIGATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM -695 001.
2 THE CHIEF ENGINEER,
IRRIGATION PROJECT II,
IRRIGATION DEPARTMENT, PUBLIC OFFICE BUILDING,
MUSEUM P.O.,THIRUVANANTHAPURAM -695 033.
3 THE SUPERINTENDING ENGINEER,
IRRIGATION CENTRAL CIRCLE,
THRISSUR CITY P.O., THRISSUR -680 001.
4 THE EXECUTIVE ENGINEER,
IRRIGATION DIVISION (MAJOR),
THRISSUR CITY P.O., THRISSUR -680 001.
W.P.(C)No.17029 of 2017-S
2
5 VALIYAVILA CONSTRUCTION COMPANY,
CHENGAMANAD P.O., KOTARAKKARA -691 557
REPRESENTED BY ITS MANAGING PARTNER.
SRI V.TEKCHAND, SR GP FOR R1 TO R4
ADV.SRI SABU GEORGE FOR R5
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 20-01-2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.17029 of 2017-S
3
JUDGMENT
Dated this the 20th day of January, 2021
S.Manikumar, C.J.
No representation for the petitioners. As the matter is pending
since 2017 we are inclined to dispose of the same on merits.
2. Instant public interest litigation has been filed for a direction to
the respondents to complete the Chirakkal-Cherupuzha Thodu Irrigation
Project in Edathiruthi Grama Panchayat in Thrissur District within a time
frame to be fixed by this Court. According to the petitioners, the project
is being implemented with the object to draw fresh water from the
Chimmini Dam to Edathiruthi Panchayat by constructing canal through
Chirakkal-Cherupuzha thodu by constructing side walls and sluices. The
farming operations in the Panchayat are being severely affected due to
the salinity of water in the area for want of sufficient fresh water. The
project is aimed as a permanent solution for the said issue.
3. On 18.1.2021, we passed the following order:
"Petitioners have sought for a mandamus directing
respondents to complete the Chirakkal-Cherupuzha Thodu
Irrigation Project in Edathiruthi Grama Panchayat in Thrissur
District. A detailed counter affidavit dated 17.7.2017 has been
filed by the Executive Engineer, Irrigation Division (Major),
Thrissur/4th respondent stating that 15% of the work was over
and thereafter the contractor, raising unnecessary demands
W.P.(C)No.17029 of 2017-S
delayed the work.
2. According to the deponent, the main part of the work
is construction of wells and laying of HDPE pipes and the
contractor has not done anything to complete the main work. In
this regard, a decision had already been taken, to terminate the
contract with 3rd respondent and re-arrange the work for
completion of the work.
3. The Managing Director of Construction Company/5 th
respondent has also filed a counter affidavit, setting out the
reasons and explaining how delay has occurred.
Be that as it may, counter affidavit has been filed in the
year 2017 and to ascertain the current status, Mr. Tekchand,
learned Senior Government Pleader seeks time.
Post on 20.1.2020."
4. Reverting, on the basis of instructions from the Executive
Engineer, Irrigation Division (Major), Thrissur (respondent No.4),
Mr.V.Tekchand, learned Senior Government Pleader submitted that since
the project is pending from 2017, it is for the respondents to take
appropriate decision so as to complete the same as expeditiously as
possible.
5. Inasmuch as the respondents have taken a decision to
implement Chirakkal-Cherupuzha Thodu Irrigation Project in Edathiruthi
Grama Panchayat in Thrissur District, being a welfare measure for the
benefit of the people, the same should be completed within a reasonable
time. In the light of the above, we are inclined to issue a direction to the
W.P.(C)No.17029 of 2017-S
respondents to initiate and complete the project within four months from
the date of receipt of a copy of this judgment.
Writ petition is disposed of.
Pending interlocutory applications, if any, shall stand closed.
Sd/-
S.Manikumar
Chief Justice
Sd/-
Shaji P.Chaly
Judge
vpv
W.P.(C)No.17029 of 2017-S
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE NOTICE OF INAUGURATION
ALONG WITH ITS TRANSLATION IN ENGLISH
EXHIBIT P2 TRUE COPIES OF THE PHOTOGRAPHS
RESPONDENTS' EXHIBITS:
EXT.R5(A) TRUE COPY OF THE SELECTION NOTICE DATED
12.4.16.
EXT.R5(B) TRUE COPY OF THE AGREEMENT NO.7/SEICC/2015-16
DATED 10.6.2016.
EXT.R5(C) TRUE COPY OF THE LETTER DATED 20.8.2016.
EXT.R5(D) TRUE COPY OF THE LETTER DATED 15.10.16 ALONG
WITH ITS TRANSLATION IN ENGLISH.
EXT.R5(E) TRUE COPY OF THE LETTER DATED 14.10.2016
ISSUED BY RESPONDENT NO.3 ALONG WITH ITS
TRANSLATION IN ENGLISH.
EXT.R5(F) TRUE COPY OF THE LETTER DATED 17.11.2016
ALONG WITH ITS TRANSLATION IN ENGLISH.
EXT.R5(G) TRUE COPY OF THE MINUTES OF THE MEETING DATED
23.11.2016.
EXT.R5(H) TRUE COPY OF THE LETTER DATED 20.12.2016
ALONG WITH ITS TRANSLATION IN ENGLISH.
EXT.R5(I) TRUE COPY OF THE LETTER DATED 23.1.2017
ADDRESSED TO THE ASST. EXECUTIVE ENGINEER
ALONG WITH ITS TRANSLATION IN ENGLISH.
EXT.R5(J) TRUE COPY OF THE LETTER DATED 1.2.2017 ALONG
WITH ITS TRANSLATION IN ENGLISH.
EXT.R5(K) TRUE COPY OF THE LETTER DATED 11.2.2017
ISSUED BY THIS RESPONDENT ALONG WITH ITS
TRANSLATION IN ENGLISH.
W.P.(C)No.17029 of 2017-S
EXT.R5(L) TRUE COPY OF THE LETTER DATED 3.3.2017 ALONG
WITH ITS TRANSLATION IN ENGLISH.
EXT.R5(M) TRUE COPY OF THE REPLY DATED 6.3.2017 ALONG
WITH ITS TRANSLATION IN ENGLISH.
EXT.R5(N) TRUE COPY OF THE LETTER DATED 27.5.2017.
EXT.R4(A) TRUE COPY OF THE RECOMMENDATION LETTER DATED
15.6.2017 ISSUED BY THE 4TH RESPONDENT.
/TRUE COPY/
P.A. TO JUDGE
