Kerala High Court
George Philip vs State Of Kerala on 30 November, 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
Tuesday, the 30th day of November 2021 / 9th Agrahayana, 1943
WP(C) NO. 20796 OF 2018(S)
PETITIONER:
GEORGE PHILIP, S/O POTHEN, MANAGER, MANIMALA ESTATE, DWARAKA
PLANTATIONS,PANNIYANKARA P.O, PALAKKAD DISTRICT -678 683.
RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY,SECRETARIAT,
THIRUVANANTHAPURAM -695 001.
2. SECRETARY TO GOVERNMENT PUBLIC WORKS DEPARTMENT,
SECRETARIAT,THIRUVANANTHAPURAM -695 001.
3. SECRETARY, FOREST AND WILD LIFE DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM
-695 001.
4. NATIONAL HIGHWAY AUTHORITY OF INDIA, CHANDRANAGAR, PALAKKAD, REPRESENTED
BY THE DIRECTOR, REGIONAL OFFICE, PALAKKAD-678007.
5. UNION OF INDIA REPRESENTED BY ITS SECRETARY,MINISTRY OF SURFACE ROAD
TRANSPORT,NEW DELHI -110 001.
6. THRISSUR EXPRESS WAY LIMITED, PERAMBRA, THRISSUR DISTRICT -680 689.
7. PRAKRITHI ENGINEERING AND RAIL PVT. LTD. IRUMPUPALAM, WANIYAM
PARA,REPRESENTED BY ITS MANAGING DIRECTOR,THRISSUR DISTRICT -680 012.
ADDL. R8
8.K.M.C. CONSTRUCTIONS CO.LTD DOOR NO.1-80/40/SP/58-65,
SHILPA HOMES LAYOUT, GACHIBOWLI, HYDERABAD-500032.
ADDL. R8 IS IMPLEADED AS PER ORDER DATED 31/07/2018 IN IA.13842/2018.
Writ petition (civil) praying inter alia that in the circumstances stated in the
affidavit filed along with the WP(C) the High Court be pleased to pass an interim
order directing the respondents to make atleast the roads passing through one of the
tunnels motorable and open to the public within a short span of time to be fixed by
this Hon'ble Court, pending disposal of the writ petition
This petition coming on for orders upon perusing the petition and the affidavit
filed in support of WP(C), this Court's Judgment dated 09/03/2021 and upon hearing the
arguments of M/S P.R.VENKATESH and G.KEERTHIVAS, Advocates for the
Petitioners, GOVERNMENT PLEADERS for R1 to R3, SMT.I.SHEELA DEVI for R4, ASSISTANT
SOLICITOR GENERAL OF INDIA FOR R5, M/S.P.MARTIN JOSE, P.PRIJITH, S.SREEKUMAR (SR.),
THOMAS P.KURUVILLA, Advocates for R6 and of M/S.V.RAJASEKHARAN PILLAI,K.SUBASH CHANDRA
BOSE, Advocates for R7,the court passed the following:
P.T.O
S. MANIKUMAR, CJ & SHAJI P.CHALY, J
-------------------------------------------------------
I.A.No.3 of 2021 & W.P.(C).No.20796 of 2018.
---------------------------------------------------------
Dated this the 30th day of November, 2021.
ORDER
S. Manikumar, CJ
Vide judgment dated 9th day of March, 2021, we disposed of the
writ petition as hereunder:
"6. Taking note of the averments in the statement of respondent No.6
dated 24.2.2021, explaining the steps taken for completion of the
project in question and the prayers sought for, and the submission of
the learned counsel for petitioner, writ petition is disposed of directing
the respondents to honour the commitments made in the statement
dated 24.2.2021 in its letter and spirit, and complete the project by
October, 2021, however, subject to force majeaure and other adverse
conditions."
2. Contending inter alia that the works undertaken could not be
completed within the time recorded earlier and seeking extension of time,
I.A.No.3 of 2021 is filed.
3. The reasons assigned are as hereunder:
"3. This Hon'ble Court was pleased to accept the said statement and
closed the Writ Petition recording the same.
4. It is submitted that the 6th Respondent made all attempts earnestly to
complete the works as specified in the statement referred above.
However, there occurred certain delays which were beyond the control of
the 6th Respondent.
5. Hon'ble Chief Minister of Kerala has convened a review meeting of
all concerned on 8th of June 2021 in Trivandrum and it was decided to
open the LHS tunnel by 1st of August 2021.
6. The approval of the revised slope protection work from the
Independent Engineer was received around June, 2021. Similarly, the
plan for the shortcreting and rock-bolting of the interior of the tunnel
was obtained from the Independent Engineer and the NHAI around
June 2021. The work of the project is being executed through mainly
workmen from other states. Due to the assembly elections in various
states the laborers returned to their home states and the work could
not progress much for 2-3 weeks during the months of April-May,
2021. Around this time there was onset of monsoon season which
affected the progress of work. Meanwhile there was a sharp rise in
COVID-19 cases in the state and the Government imposed lockdown.
Though the work commenced thereafter, it could not achieve the
expected progress as there were many cases of COVID - 19 among
the workers which affected the work.
7. In the meanwhile a meeting was convened by the Hon'ble
Minister for Public Works, Government of Kerala in the presence of all
concerned officials and the Government assured cooperation from the
officials of various departments, and the work progressed on a war
footing and monitored by the Government. As a result the various
regulatory approvals from departments like the KSEB, Fire and Rescue
Departments were expedited and the LHS tunnel was opened for
traffic from 31st July 2021.
8. It is submitted that at present the work of the RHS tunnel is
progressing. The following are the works that are now remaining to
be completed.
a) Concrete lining, PQC.
b) Lighting, ventilation and Fire Fighting System installation.
9. It is submitted that the above works could not be completed within
the time specified in statement dated 24-2-2021 due to the reasons
stated above which are beyond the control of the 6 th Respondent. It
is submitted that the non-completion of the works as stated in
statement dated 24-2-2021 is neither willful nor wanton and due to
force majeure circumstances.
10. In the meanwhile the incessant rains during October, 2021 has
hampered the planned progress of works. The 6 th Respondent is duty
bound to ensure safety and shall execute it on obtaining approvals
from the Independent Engineer and the NHAI. Moreover,some of
these works will require the occurrence clear dry spells.
11. In these circumstances the 6th Respondent expects to complete
remaining works of the second tunnel (RHS) by end of January,2022,
except the diversion at the exit of the RHS tunnel. Subject to
occurrence of any further force majeure events. Therefore, it is just
and necessary to extend the time for completion of project works
from October, 2021 to March 2022 in the interest of justice. The
accompanying petition for the same may be allowed. Otherwise it will
cause irreparable loss and hardships to the 6th Respondent."
3. Mr.P.R.Venkatesh, learned counsel appearing for the writ petitioner,
submitted that the life of citizens is under threat on account of the delay in
completion of construction of the tunnel.
4. We have gone through the averments and satisfied with the
reasons assigned for extension of time. Therefore, the time is granted as
prayed for. I.A. is ordered accordingly.
Sd/-
S. MANIKUMAR,
CHIEF JUSTICE
Sd/-
SHAJI P. CHALY,
JUDGE,
smv
30-11-2021 /True Copy/ Assistant Registrar
