Citation : 2021 Latest Caselaw 7806 Ker
Judgement Date : 5 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942
WP(C).No.27686 OF 2020(I)
PETITIONER:
MINI RATHEESH,
AGED 40 YEARS,
W/O.RATHEESH, CHERIKUZHIYIL HOUSE, AMBUNAD,
ALUVA EAST VILLAGE, ERNAKULAM-683561.
BY ADVS.
SRI.BLAZE K.JOSE
SRI.JUDY JOSE
SMT.URMILA ZACHARIA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY, PUBLIC WORK DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 DIRECTOR,
VIGILANCE AND ANTI CORRUPTION BUREAU, DIRECTORATE,
PMG, VIKAS BHAVAN P.O., OPPOSITE KSRTC DEPOT,
THIRUVANANTHAPURAM-695033.
3 DEPUTY SUPERINTENDENT OF POLICE,
VIGILANCE AND ANTI CORRUPTION BUREAU,
ERNAKULAM UNIT, KATHRIKADAVU, ERNAKULAM-682017.
4 SUPERINTENDING ENGINEER,
PUBLIC WORK DEPARTMENT (ROAD DIVISION),
CENTRAL CIRCLE OFFICE, PERIYAR NAGAR, ALUVA-683101.
5 EXECUTIVE ENGINEER,
PUBLIC WORK DEPARTMENT (ROAD DIVISION), MUVATTUPUZHA-
686661.
6 ASSISTANT EXECUTIVE ENGINEER,
PUBLIC WORK DEPARTMENT (ROAD SUB DIVISION),
PERUMBAVOOR-683542.
7 ASSISTANT ENGINEER,
PUBLIC WORK DEPARTMENT (ROAD SECTION),
PERUMBAVOOR-683542.
WP(C).No.27686 OF 2020(I)
2
8 NISHAD E.M,
ERUPPAKKOTTIL HOUSE, PERINGALA P.O.,
ERNAKULAM-683565.
BY ADV. SRI.K.V.MANOJ KUMAR, SENIOR GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.27686 OF 2020(I)
3
JUDGMENT
The writ petition was filed
complaining serious irregularities in the
Chemberekey-Pukkattupady road work, which was
being carried out, seeking the following
reliefs:
"a. Issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 1 & 4 to 7 to ensure that the 8th respondent is carrying out the work of Chembarekey - Pukkattupady in accordance with the estimate, tender and contract.
b. Issue a writ of mandamus or any other appropriate writ, order or direction commanding 2 & 3 to take up Ext P-3 complaints in accordance with law as expeditiously as possible. c. Any other appropriate writ, order or direction as this Hon'ble Court may deem fit on the facts and in the circumstances of the case and allow this petition with all costs."
WP(C).No.27686 OF 2020(I)
2. Petitioner claims to be a social
worker and Vice President of Kizhakkambalam
Panchayat in the previous term and stated to
have been interested in the work of the
roads.
3. At the time, when the writ petition
came up for admission, the learned Government
Pleader submitted that the BM & BC work was
already over on 20.12.2020.
In case the petitioner has got any
grievance relating to any irregularity in the
work, petitioner would be free to approach
the appropriate authorities. Petitioner would
be at liberty to move the appropriate forum,
if so advised.
The writ petition is disposed of
accordingly.
Sd/-
P.V.ASHA JUDGE WW WP(C).No.27686 OF 2020(I)
APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ESTIMATE FOR CHEMBERKEY-
PUKKATTUPADI ROAD ISSUED BY THE PWD.
EXHIBIT P2 A TRUE COPY OF THE ORDER IN W.P(C).16137 OF 2020 DATED 19.08.2020.
EXHIBIT P3 A TRUE COPY OF THE COMPLAINT DATED 30.11.2020 SUBMITTED TO THE 2ND & 3RD RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE ACKNOWLEDGMENT DATED 30.11.2020 RECEIVED FROM THE OFFICE OF THE 3RD RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE COMPLAINT DATED 08.12.2020 SUBMITTED TO RESPONDENTS 4 TO 7 IS PRODUCED.
EXHIBIT P6 A TRUE COPY OF THE PHOTOGRAPHS OF THE SITE OF CHEMBERKEY-PUKKATTUPADI ROAD.
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