Ahmmed Kutty P vs State Of Kerala
2022 Latest Caselaw 1969 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
        FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                          WP(C) NO. 5256 OF 2022
PETITIONER:



              AHAMMED KUTTY P
              AGED 84 YEARS
              S.O KUNHAVARANKUTTY, RESIDING AT PARAMMAL HOUSE,
              KULANGARA, PANNICODE PO, MUKKAM VIA, KOZHIKODE,
              PIN - 673602
              BY ADVS.
              MOLTY MAJEED
              C.A.MAJEED
              K.H.ASIF
              P.B.UNNIKRISHNAN NAIR
              RUBEN GEORGE ROCK
RESPONDENTS:



    1         STATE OF KERALA
              REPRESENTED BY THE PRINCIPAL SECRETARY,
              PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM
              ERNAKULAM, PIN - 695001
    2         THE PROJECT DIRECTOR
              KERALA STATE TRANSPORT PROJECT (KSTP), HEAD OFFICE,
              T.C. 11/339, SREE BALA BUILDING, KESTON ROAD,
              NANTHANCODE, KOWDIAR PO, THIRUVANANTHAPURAM, PIN - 695003
    3         THE EXECUTIVE ENGINEER (PWD)
              KSTP DIVISION, KANNUR, NEAR ENGINEERS CENTRE,
              BABY BEACH ROAD, KANNUR, PIN - 670013
    4         SREE DHANYA CONSTRUCTION COMPANY
              REPRESENTED BY ITS AUTHORISED OFFICER,
              HAVING ITS REGISTERED OFFICE AT SASTHAMANGALAM,
              TRIVANDRUM, PIN - 695010
 WP(C) NO. 5256 OF 2022              2




             BY ADVS.
             GOVERNMENT PLEADER, SMT.PARVATHY KOTTOL




      THIS     WRIT      PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON    18.02.2022,     THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 5256 OF 2022           3




                               JUDGMENT

Dated this the 18th day of February, 2022

The petitioner, who is an employee retired from Health

Service, is aggrieved by the construction of a road by the

respondents departing from the Original Plan and Drawings.

The petitioner states that the construction of the road is not as

per the approved plan and permit from the Panchayat. The

upgrading work of the road is now being carried out in violation

of the plan and profile approved by the Kerala State Transport

Project. As per the Approved Plan, the Original Ground Level

towards right is 27 and Original Ground Level towards left is

26.884 and Ground Level below PCL is 26.823. The said

levels have been violated. The petitioner would further submit

that the drainage was originally proposed abutting the Carriage

Way. The alignment is also changed by the 4 th respondent-

builder.

2. Aggrieved by the said arbitrary action of the 4 th

respondent, the petitioner has preferred Ext.P7 representation

before the 2nd and 3rd respondents. The respondents may be

directed to consider the representation as early as possible

and if there is any departure from the Approved Plan in the

construction of the road, remedial measures may be taken

without delay.

3. The learned Government Pleader submitted that as

Ext.P7 representation has been forwarded by the petitioner,

the 3rd respondent can consider the same, in accordance with

law.

4. In that view of the matter, this Court is of the view

that the writ petition can be disposed of directing the 3 rd

respondent to consider the grievance of the petitioner raised in

Ext.P7 representation dated 12.01.2022.

In the circumstances, the writ petition is disposed of

directing the 3rd respondent to consider Ext.P7 representation

dated 12.01.2022 filed by the petitioner, as expeditiously as

possible, and at any rate within a period of three weeks, after

hearing both sides. If inspection if any is being conducted by

the 3rd respondent, it shall be with notice to the petitioner and

the 4th respondent.

sd/-

N.NAGARESH JUDGE hmh

APPENDIX OF WP(C) 5256/2022

PETITIONER EXHIBITS

Exhibit.P-1 A TRUE COPY OF THE RELEVANT PAGES (PAGES 1 TO 6) OF THE AGREEMENT DATED 16/02/2021 Exhibit.P-2 TRUE COPY OF THE PLAN IN RESPECT OF THE LEVELS OF THE PROPOSED ROAD AT THE CHAINAGE POINTS FROM 49+00 TO 51+022 Exhibit.P-3 TRUE COPY OF THE PROFILE IN RESPECT OF THE LEVELS OF THE PROPOSED ROAD AT THE CHAINAGE POINTS FROM 49+00 TO 51+022 Exhibit.P-4 TRUE COPY OF THE WIDENING SCHEDULE SHOWING THE TYPICAL CROSS SECTIONS AT DIFFERENT CHAINAGE POINT Exhibit.P-5 TRUE COPY OF THE TYPICAL CROSS SECTION TYPE 1A, FOR TWO LANE PAVED SHOULDERS IN RURAL SECTION Exhibit.P-6 TRUE COPY OF THE ANNEX-1 CONTAINING CERTAIN TERMS OF THE AGREEMENT Exhibit.P-7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND AND 3RD RESPONDENTS Exhibit.P-8 TRUE COPY OF THE APPLICATION UNDER RTI ACT Exhibit.P-9 TRUE COPY OF THE REPLY GIVEN BY THE 3RD RESPONDENT

RESPONDENT'S EXHIBIT NIL