K.D.Asokan vs State Of Kerala
2021 Latest Caselaw 13949 Ker

WP(C) NO. 4540 OF 2021          1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                     WP(C) NO. 4540 OF 2021
PETITIONER/S:

    1     K.D.ASOKAN
          AGED 61 YEARS
          S/O.DAMODARAN, KARANATH VEEDU, NELLAYI P.O.,
          THRISSUR DISTRICT, PIN - 680 305.

    2     LATHA P.P.
          AGED 53 YEARS
          W/O.K.D.ASOKAN, KARANATH VEEDU, NELLAYI P.O.,
          THRISSUR DISTRICT, PIN - 680 305.

          BY ADVS.
          K.B.PRADEEP
          SHRI.HARISANKAR R
          SMT.PRIYA MARY P.L.



RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT,
          GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695 001.

    2     CHIEF ENGINEER (BRIDGES)
          OFFICE OF THE CHIEF ENGINEER (BRIDGES), PUBLIC WORKS
          DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695 001.

    3     THE CHIEF ENGINEER (DESIGNS)
          OFFICE OF THE CHIEF ENGINEER (DESIGNS), CHIEF WING,
          PUBLIC WOKS DEPARTMENT, (ROADS AND BRIDGES
          ADMINISTRATION), MUSEUM P.O., THIRUVANANTHAPURAM,
          PIN - 695 033.

    4     SUPERINTENDING ENGINEER (BRIDGES)
          OFFICE OF THE SUPERINTENDING ENGINEER(BRIDGES),
          NORTHERN REGION, PUBLIC WORKS DEPARTMENT,
          KOZHIKKODE - 673 001.
 WP(C) NO. 4540 OF 2021         2

    5     EXECUTIVE ENGINEER,
          BRIDGES, OFFICE OF THE EXECUTIVE ENGINEER, BRIDGES,
          PUBLIC WORK DEPARTMENT, ERNAKULAM DISTRICT - 682001.

    6     ASSISTANT EXECUTIVE ENGINEER
          PWD BRIDGES SUB DIVISION, OFFICE OF THE ASSISTANT
          EXECUTIVE ENGINEER, PWD BRIDGES SUB DIVISION,
          THRISSUR, PIN - 680 001.




          SMT A.C VIDHYA, GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 4540 OF 2021                3



                                   JUDGMENT

The 1st petitioner claims that he is having right, title and possession

over property having an extent of about 2 cents which abuts the National

Highway. The respondents have obtained administrative sanctions to

construct the Nellayi Lift Irrigation Kadavu Bridge. The petitioner contends

that if the bridge is built as per the approved design specifications, it is likely

to cause serious road safety issues. Reference is also made to certain

communications addressed by the Chief Engineer (Designs) to the Chief

Engineer (Bridges). According to the petitioners before opting for the new

alignment, the respondents did not conduct any survey of land required for

the bridge and also for the approach roads. In the said circumstances, he

has lodged Ext.P6 representation before the 2nd respondent. Though

various other reliefs are claimed, when the matter came for consideration,

the limited prayer sought for by the learned counsel appearing for the

petitioners is for an expeditious consideration of Ext.P6 representation in a

time-bound manner.

2. Heard Sri.K.B. Pradeep, the learned counsel appearing for the

petitioners as well as the learned Government Pleader.

3. The learned Government Pleader, on instructions, submitted

that the recommendations issued by the Chief Engineer (Bridges) were all

taken note of while finalising the alignment of the bridge. However, it is

submitted that now that Ext.P6 is pending consideration before the Chief

Engineer, there is no impediment in considering the same and passing

appropriate orders.

4. Having regard to the facts and circumstances and the

submissions made across the Bar, this writ petition is disposed of directing

the 2nd respondent to take up Ext.P6 representation, and take a decision,

with notice to the petitioners, expeditiously, in any event, within a period of

two months from the date of production of a copy of this judgment.

5. The petitioners shall produce a copy of the writ petition along

with this judgment before the 2nd respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 4540/2021

PETITIONERS EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 10/03/2020.

EXHIBIT P2 TRUE COPY OF THE LETTER DATED 06/08/2019 FROM R-3 TO R-2.

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 25/11/2019 BY R-2 TO R-3.

EXHIBIT P4 TRUE COPY OF THE QUERY UNDER THE RTI ACT DATED 29/12/2020.

EXHIBIT P5 TRUE COPY OF THE REPLY DATED 21/01/2021 TO EXHIBIT P4 QUERY.

EXHIBIT P6 TRUE COPY OF THE COMPLAINT ALONG WITH A SKETCH BY THE 1ST PETITIONER TO R2.

RESPONDENTS EXHIBITS:NIL