Kerala High Court
Musthafa Varodan vs The State Of Kerala on 23 February, 2022
WP(C) NO. 18972 OF 2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 23RD DAY OF FEBRUARY 2022 / 4TH PHALGUNA, 1943
WP(C) NO. 18972 OF 2020
PETITIONER/S:
MUSTHAFA VARODAN
AGED 48 YEARS
S/O. HASSAINAR (LATE), VARODAN HOUSE, PAYYANADAM
P.O., MANNARKKAD, PALAKKAD DISTRICT
BY ADV BABU S. NAIR
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT,
TRIVANDRUM,PIN-695 001
2 KERALA INFRASTRUCTURE INVERSTMENT FUND BOARD,
KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, PIN-695
001
3 THE CHIEF ENGINEER,
PUBIC WORKS DEPARTMENT, THIRUVANANTHAPURAM,PIN-695
001
4 THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT (ROADS AND BRIDGES)
PALAKKAD,PIN-678 001
5 THE ASSISTANT EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT (ROADS AND BRIDGES) ,SUB
DIVISION, MANNARKKAD, PALAKKAD DISTRICT,PIN-678 582
6 ADDL R6. MOHAMMED SAGEER.P.M
AGED 49 YEARS, S/O MOHAMMED ALI.P.A, PARAKATTIL
WP(C) NO. 18972 OF 2020 2
HOUSE, PAYYANADAM.P.O, MANNARKKAD, PALAKKAD DISTRICT-
678 583.
7 ADDL.R7. JOSE MATHEW,
S/O E.M.MATHEW, ELAMPLASSERIL HOUSE, POOLACHIRA,
PAYYANADAM.P.O, MANNARKKAD, PALAKKAD DISTRICT-678
583.
8 ADDL.R8.ABDUSSALAM.K
S/O MOHAMMED.K, KUTTOOTH HOUSE, AKKIPPADAM,
PAYYANADAM.P.O, MANNARKKAD, PALAKKAD DISTRICT-678
583.
9 ADDL.R9.DEEPESH GEORGE,
S/O C.J.GEORGE, AGED 39 YEARS, CHELAMKOTTU HOUSE,
PAYYANADAM.P.O, MANNARKKAD, PALAKKAD DISTRICT-678
583.
ADDL.R6 TO R9 IMPLEADED AS PER ORDER DATED 07.10.2020
IN IA 1/2020 IN W.P.(C) 18972/2020.
10 KERALA ROAD FUND BOARD,
REPRESENTED BY ITS PROJECT DIRECTOR,
KESTON ROAD , KOWDIAR,
THIRUVANANTHAPURAM.
ADDL R10 IMPLEADED SUO MOTU AS PER ORDER DATED
16/11/2020 IN WP(C) 18972/2020.
BY ADVS.
SRI.K.V.MANOJ KUMAR , GOVERNMENT PLEADER
U.K.DEVIDAS
SMT.V.JAYA RAGI
SRI.NEERAJ NARAYAN
SRI.R.HARIKRISHNAN (KAMBISSERIL)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18972 OF 2020 3
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C.) No. 18972 of 2020
--------------------------------------
Dated this the 23rd day of February, 2022
JUDGMENT
The above writ petition is filed with following prayers :
"i) Issue a writ of mandamus or any other appropriate writs,
orders or directions commanding the respondents to restart the
work of MES College-Payyanadam Road, forthwith, without any
further delay.
ii) Grant such other reliefs as this Hon'ble Court may deem fit
and proper in the circumstances of the case."
2. This Court on 23.10.2020 considered the matter and
passed the following order :
"The learned Government Pleader submits that the work is on
stand still on account of objection by KIIFB. The learned
Standing Counsel for the KIIFB submits that as soon as the
reverse project estimate is submitted by the Kerala Road Fund
Board, they will permit the work to proceed.
Whatever be the objections, all the respondents shall see that the
work is restarted within a period of two weeks.
Post on 16.11.2020"
3. When this writ petition came up for consideration on
16.11.2020, this Court passed the following order:
"Kerala Road Fund Board represented by its Project Director,
Keston Road, Kowdiar, Thiruvananthapuram, is suo motu
impleaded as additional respondent no.10.
Despite the order passed on 23.10.2020, the respondents have
not re-commenced the work. According to KIIFB, the Road
Fund Board has not submitted the reverse project estimate. At
the same time, it is also stated that contractor though had agreed
to re-commence the work has not done anything.
In these circumstances of the case, one more week's time is
granted to see that the road is made traffic worthy. All the
official respondents shall see that the work is re-commenced and
the road is made motorable at the earliest. Respondents would be
free to take appropriate steps for that.
Post on 01.12.2020."
4. Thereafter, this Court passed an order on 1.12.2020,
which is also extracted hereunder :
"The learned counsel appearing for the KIIFB made available a
copy of the proceedings dated 23.11.2020 by which the dispute
between the KIIFB, KRFB and PWD has been sorted out. Now it
is for the KRFB as well as the PWD to continue the work in
accordance with the instructions issued by the KIIFB and
expedite and complete it at the earliest. The learned Senior
Government Pleader as well as the learned Standing Counsel
appearing for KRFB submitted that the work has recommenced.
Post on 15.12.2020 for reporting progress."
5. Again, the matter came up for consideration before
this Court on 15.12.2020 and on that day, this Court passed the
following order :
"Learned counsel for the petitioner submits that the work is not
restarted so far and the contractor has not done anything. It is
stated that stop memo is not in so far lifted. At the same time,
the learned Standing Counsel for the KIIFB on the strength of
Ext.R2(j) produced along with the counter affidavit submits that
suspension is already revoked. Ext.R2(j) issued by the Chief
Project Examiner-Inspection Authority of KIIFB states that in
exercise of his powers under Clause 12 of the tripartie
agreement he has accorded approval to revoke the instruction
for suspension of work with immediate effect subject to the 5
following conditions:
1. Inspection Authority (Technical), KIIFB shall
inspect the work for ensuring the correctness of
compliance report and to monitor the status of pre-
compliance report submitted.
2. Modified/corrected PED including strip plans along
with revised estimate concurred by TS authority shall be
submitted within 15 days from the date of issue of this
letter.
3. Close monitoring of the progress and quality of the
project shall be ensured by KRFB and fortnight report of
same shall be sent to Inspect Authority without fail.
4. Relevant contractual clauses for imposing penalty
shall be applied to the contractor for the delay caused
due to unjustified delay in the work.
5. The revised time frame for completion of the
project shall be prepared and submitted by KRFB.
Therefore respondents 4, 5 and 6 shall see that
work is undertaken and the road is made motorable at the
earliest.
Post on 22.12.2020."
6. Subsequently, the matter came up for consideration
on 12.1.2021 and on that day, this Court passed the following
order :
"The learned Government Pleader submits that the work is
going on. At the same time, the learned counsel for the
petitioner submits that in the absence of a plan from KRFB,
the work going on is slow pace.
The learned Standing Counsel to get instructions.
Post on 3.2.2021."
7. Today, when the matter came up, the learned counsel
for the petitioner submitted that even now, the work of the road
is not completed and the counsel also submitted that there may
be a time limit to complete the work. The learned Government
Pleader after getting instructions, submitted that the BM&BC
work will be completed on or before 31.5.2022. In the light of
the above submission, this writ petition can be disposed of
recording the same.
Therefore, this writ petition is disposed of with a direction
to the additional respondent No. 10 and also respondent No.4 to
complete the road work in question as expeditiously as possible,
at any rate, on or before 31.5.2022.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 18972/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER OF THE FIRST
RESPONDENT DATED 1.11.2016 AS NO G.O.(RT)
1502/2016/PWD
EXHIBIT P2 TRUE COPY OF THE ORDER DATED, 16.3.2018
NO.APR-1/310/2018/KIIFB ISSUED BY THE 2ND
RESPONDENT
EXHIBIT P3 TRUE COPY OF THE ORDER SUSPENDING THE WORKS
ISSUED BY THE 2ND RESPONDENT
DATED,28.11.2019
EXHIBIT P4 TRUE COPIES OF THE PHOTOGRAPHS OF THE
PRESENT CONDITION OF THE ROAD
EXHIBIT P5 TRUE COPY OF THE QUESTION ASKED BY
SHRI.SHAMSUDHEEN MLA IN THE FLOOR OF
LEGISLATIVE ASSEMBLY DATED 2.3.2020
EXHIBIT P6 TRUE COPY OF THE REPLY GIVEN BY THE HON'BLE
MINSTER DATED,5.3.2020
RESPONDENT EXHIBITS
EXHIBIT R6(a) TRUE COPY OF THE COMPLAINT DATED NIL
EXT.R2(A) A TRUE COPY OF THE TRIPARTITE AGREEMENT
DATED 17.7.2017 BEARING NO.7 OF 2015
ENTERED BETWEEN KRFB,PWD AND THE 2ND
RESPONDENT
EXT.R2(B) A TRUE COPY OF THE PROCEEDINGS NO.APR-
1/310/2018 KIIFB DATED 16.3.2018
EXT.R2(C) A TRUE COPY OF THE PHOTOGRAPHS OF THE
PROJECT WORK SITE
EXT.R2(D) A TRUE COPY OF THE ORDER DATED 28.11.2019
ISSUED BY THE CEO OF THE 2ND
RESPONDENT/KIIFB
EXT.R2(E) A TRUE COPY OF THE MINUTES OF THE MEETING
HELD IN THE OFFICE OF THE CHIEF PROJECT
EXAMINER OF THE KIIFB DATED 26.2.2020
EXR.R2(F) A TRUE COPY OF THE COMMENTS EXPRESSED BY
THE TECHNICAL RESOURCE TEAM OF THE KIIFB IN
THE PLAN AND PROFILE SUBMITTED BY THE KRFB
EXT.R2(G) A TRUE COPY OF THE DETAILS OF PROJECT
INTERVENTION MEETING HELD AT THE OFFICE OF
THE CHIEF PROJECT EXAMINER KIIFB ON
29.6.2020
EXT.R2(H) A TRUE COPY OF THE REVISED PLAN AND PROFILE
SUBMITTED BY THE TECHNICAL RESOURCE CENTER
KIIFB BEFORE THE PWD AND KRFB DATED
15.9.2020
EXT.R2(I) A TRUE COPY OF THE ACTION PLAN FOR REVOKING
THE SUSPENSION OF WORK OF THE MES COLLEGE
PAYYANADAM ROAD
EXT.R2(J) A TRUE COPY OF THE LETTER ISSUED BY THE
CHIEF EXECUTIVE OFFICER REVOKING THE
INSTRUCTION FOR SUSPENSION OF THE WORK
DATED 23.11.2020 BEARING NO.PWD006-21-TIW-
INSP-01
ANNEXURE R4(A) A TRUE COPY OF THE PHOTOGRAPHS CONNECTED
WITH THE ONGOING WORKS
