Changanacherry Boat Jetty ... vs Anand Singh Ias
2022 Latest Caselaw 746 Ker

Citation : 2022 Latest Caselaw 746 Ker
Judgement Date : 17 January, 2022

Kerala High Court

Changanacherry Boat Jetty ... vs Anand Singh Ias on 17 January, 2022

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                 THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                            &
                      THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
              MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
                              CON.CASE(C) NO. 1994 OF 2021
AGAINST THE JUDGMENT IN WP(C) 13496/2020 OF HIGH COURT OF KERALA DATED 24.11.2020
PETITIONER:

              CHANGANACHERRY BOAT JETTY VIKASANA SAMITHY (CBJVS)
              BUILDING NO.379, PATHALIL HOUSE, WARD NO.32, VAZHAPPALLY EAST KARA,
              VAZHAPPALLY EAST VILLAGE, CHANGANACHERRY P.O., PIN-686 101 REPRESENTED
              BY ITS PRESIDENT, SWANU P. THOMAS, S/O. P.S.THOMAS, AGED 47 YEARS,
              RESIDING AT PATHALIL HOUSE, NEAR BOAT JETTY, CHANGANACHERRY P.O.,
              PIN-686 101, KOTTAYAM DISTRICT.

              BY ADVS.M.P.MADHAVANKUTTY
              MATHEW DEVASSI



RESPONDENT/ADDITIONAL 10TH RESPONDENT:

              ANAND SINGH, IAS
              AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, PRESENTLY WORKING
              AS THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, STATE OF
              KERALA, IST FLOOR, MAIN BLOCK, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM, PIN-695 001.

              SRI.K.P.HARISH, SR. GOVT. PLEADER



      THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Cont.Case(C)No.1994 of 2021
                                                :: 2 ::



                                          JUDGMENT

Dated this the 3rd day of January 2022

S.MANIKUMAR, C.J.

This contempt case is filed alleging non compliance of judgment

dated 24.10.2020 in W.P.(C)No.13496 of 2010.

2. By inviting the attention of this court to G.O.

(Rt)No.1167/2021/PWD dated, 31.12.2021 Mr.K.P.Harish, learned Senior

Government Pleader submitted that the directions contained in the

judgment dated 24.10.2020 in W.P.(C)No.13496 of 2010 have been

complied with.

3. G.O.(Rt)No.1167/2021/PWD dated, 31.12.2021 reads thus:

"GOVERNMENT OF KERALA Abstract

Public Works Department- Reconstruction of KC Bridge at Kidangara

-Kannadi Road in Kuttanad LAC in Alappuzha Dist- Administrative Sanction accorded-Orders issued.

-------------------------------------------------------------------------------------

PUBLIC WORKS (D) DEPARTMENT

GO(Rt)No.1167/2021 PWD Dated, Thiruvananthapuram, 31/12/2021

------------------------------------------------------------------------------------- Read 1. GO(Rt) No.1615/2014/PWD dt. 19/11/2014.

2. Judgement of Hon'ble High Court dated 24.11.2020 in WP(C) No.13496/2020 filed by Changanacherry Boat Jetty Vikasana Samithi.

3. Letter No.CE/BR/2019/3015/PRICE dated 14.10.2020 from CE (Bridges).

4. Letter No.CE/BR/BR/2019/3015/PRICE dated 18.11.2021 from CE(Bridges).

Cont.Case(C)No.1994 of 2021 :: 3 ::

ORDER

As per the Government order read 1st above, Administrative Sanction was accorded for an amount of Rs. 250 lakh for the work of raising the KC Bridge by 2.30 M. The work was tendered several times but contractors were reluctant to take up the work due to its complexity. Considering the recommendation of IWAI for reconstructing the existing bridge as per National Water way standards, the Chief Engineer Bridges vide letter read 3rd above had submitted a proposal for administrative sanction for the reconstruction of KC Bridge at an estimated cost of Rs.3993 lakh as per 2016 DSoR. Changanacherry Boat Jetty Vikasana Samithi has filed WP(C) No.13496/2020 praying to issue directions regarding the reconstruction of KC Bridge in Alappuzha district. The Hon'ble High court as per the judgment read as 2nd above has directed the Secretary to Government, Public Works Department to consider the proposal dated 14.10.2020 of Chief Engineer, Bridges for administrative sanction for the work of reconstruction of KC Bridge, within two months from the date of receipt of a copy of the judgement, taking into account all the circumstances discussed in the judgement.

2. The proposal submitted by the Chief Engineer (Bridges) for the re-construction of KC Bridge read as 3rd above had been examined by the Government. Since there is only token provision in the budget for above work, the proposal was not agreed with. Vide letter read as 4th above, the Chief Engineer (Bridges) has resubmitted the proposal with the estimate prepared as per DSoR 2018.

3. Government have examined the matter in detail and are pleased to accord Administrative Sanction for an estimated amount of Rs. 4232.52 lakhs (Forty two Crore Thirty two Lakhs Fifty Two Thousand Only) for the work Reconstruction of KC Bridge at Kidangara-Kannadi Road in Kuttanad LAC in Alappuzha District by debiting the expenditure under the Head of account 5054-04-101-99- 16-PV.

4. The order dated 24/11/2020 of the Hon'ble High Court in WP(C) No.13496/2020 filed by Changanacherry Boat Jetty Vikasana Samithi read 2nd above is complied with accordingly.

(By order of the Governor)

Ajith K. Joseph Additional Secretary"

4. Considering the entire facts and circumstances of the case, we

are of the view that nothing further survives in this contempt petition

to be considered.

In view of the above, instant contempt case is closed.

sd/-

S.MANIKUMAR CHIEF JUSTICE

sd/-

APPENDIX

ANNEXUE I: CERTIFIED COPY OF THE JUDGMENT DATED 24.11.2020 IN WP(C)NO.13496 OF 2020 BEFORE THIS HON'BLE COURT.

// TRUE COPY //