Joseph vs State Of Kerala
2022 Latest Caselaw 1130 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

         THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943

                         WP(C) NO. 17029 OF 2012

PETITIONER/S:

     1      JOSEPH
            AGED 75 YEARS
            S/O.LATE THOMAS, RESIDING IN MUNDAPPALLIL CHIRA, PULINKUNNU
            P.O., ALAPPUZHA.
     2      JANARDHANAN
            AGED 74 YEARS
            S/O.LATE PAPPU, RESIDING IN THEKKECHIRA, PULINKUNNU P.O.,
            ALAPPUZHA.
            BY ADVS.
            SRI.K.S.HARIHARAPUTHRAN
            SRI.GEORGE MATHEW


RESPONDENT/S:

     1      STATE OF KERALA
            REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695 001.
     2      THE DISTRICT COLLECTOR
            ALAPPUZHA, PIN - 688 001.
     3      DISTRICT PANCHAYATH
            ALAPPUZHA, REPRESENTED BY ITS SECRETARY, PIN - 688 001.



            SRI.RIYAL DEVASSY,GOVERNMENT PLEADER



      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.01.2022,

     THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
  W.P.(C) No. 17029/2012                    :2:




             Dated this the 27th day of January, 2022.

                              JUDGMENT

This writ petition is filed by the petitioners seeking a direction to

the respondents to construct a new bridge across the Mundappally

thodu in the place of an old wooden bridge.

2. The grievance highlighted by the petitioners is with regard to

the difficulties faced by them to cross a stream (thodu) by name

Mundappally thodu in the absence of a bridge within the limits of the

Pulinkunnu Grama Panchayat. According to the petitioners, they and

other people are using an old wooden bridge put across the stream for

going to schools, hospital, church, temple, bus stop etc. and the

wooden bridge is in a dangerous condition which is likely to cause

dangers to the life of the passers by, including the petitioners.

3. The petitioners have also submitted Ext. P1 representation

before the District Collector, Alappuzha, President, District Panchayat,

Alappuzha, Executive Engineer, Jilla Panchayat, Alappuzha and various

other organisations.

4. The second relief sought for by the petitioners is for

consideration of Ext. P1. The writ petition was pending before this

Court from the year 2012 without securing any interim orders. In that

view of the matter and since 9 years have elapsed, I think, it is only

appropriate that the writ petition is disposed of at least at this distance

of time.

5. Therefore, after having heard the learned Government

Pleader Sri. Riyal Devassy and perusing the pleadings and documents

on record, this writ petition is disposed of directing the District

Panchayat, Alappuzha to consider Ext. P1 representation submitted by

the petitioners at the earliest and at any rate within three months from

the date of receipt of a copy of this judgment, if it is not already

considered and a decision is taken.

However, I make it clear that if under any circumstances, Ext. P1

was considered and appropriate decision or action was taken, the

proceedings shall not be reopened.

sd/- SHAJI P. CHALY, JUDGE.

Rv

APPENDIX

PETITIONERS' EXHIBITS:

EXT.P1: TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONERS AND OTHERS TO THE 2ND RESPONDENT DATED NIL.

RESPONDENTS' EXHIBITS: NIL

/True Copy/

PS To Judge.

rv