Kerala High Court
Parappanangadi Bar Association vs State Of Kerala on 9 June, 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
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 8948 OF 2022
PETITIONER/S:
1 PARAPPANANGADI BAR ASSOCIATION
REGISTRATION NO.BCK/50/81, PARAPPANANGADI,
MALAPPURAM DISTRICT-676 303, REPRESENTED BY ITS
SECRETARY,K.T.BALAKRISHNAN
2 THE PRESIDENT,
PARAPPANANGADI BAR ASSOCIATION,REGISTRATION
NO.BCK/50/81, PARAPPANANGADI, MALAPPURAM
DISTRICT-676 303
3 KPA MAJEED,
AGED 72 YEARS
S/O. AHAMMED HAJI, MEMBER OF LEGISLATIVE
ASSEMBLY, MLA OFFICE, CHEMMAD, THIRURANGADI P.O.,
MALAPPURAM-676 306
BY ADVS.
K.A.JALEEL
C.Y.VINOD KUMAR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, HOME
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695
001
2 THE SECRETARY TO GOVERNMENT,
PUBLIC WORKS DEPARTMENT, SECRETARIAT, TRIVANDRUM-
695 001
3 THE SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT, SECRETARIAT, TRIVANDRUM-695
001
4 THE CHIEF ENGINEER (BUILDINGS),
PUBLIC WORKS DEPARTMENT, TRIVANDRUM-695 001
5 THE REGISTRAR,
HIGH COURT OF KERALA, ERNAKULAM-682 031
BY ADV SUNIL JACOB JOSE
W. P. (C) No. 8948 of 2022
-2-
OTHER PRESENT:
SRI. V.MANU, SR GP
SRI. JAISHANKER V NAIR, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W. P. (C) No. 8948 of 2022
-3-
JUDGMENT
S. Manikumar, C. J.
Considering the prayers sought for and the material on record, on
17.03.2022, we passed the following order:-
"Petitioners have filed the instant writ petition for a
mandamus, directing the Additional Chief Secretary to the
Government, Home Department, Thiruvananthapuram, the
Secretary to the Government, Public Works Department,
Thiruvananthapuram, and the Secretary to the Government,
Finance Department, Thiruvananthapuram, respondents 1 to 3, to
sanction the estimate amount approved by the High Court of
Kerala, and accord administrative sanction for the construction of
new court complex at Parappanangadi, Malappuram District,
within a time frame.
2. Petitioners have further sought for a mandamus,
directing the Additional Chief Secretary to the Government,
Home Department, Thiruvananthapuram, the 1 st respondent, to
coordinate the work of approval of estimate and administrative
sanction, and other connected works of various departments, in
connection with the construction of court complex at
Parappanangadi.
3. Short facts leading to the filing of the writ petition are
W. P. (C) No. 8948 of 2022
as hereunder:-
a) According to the petitioners, it is the demand of the
general public, litigants and Advocates practicing in
Parappanangadi, to have a new court complex, with more
facilities and modern amenities. Administration of justice is the
duty of the Government under the Constitution and the
Government is bound to provide sufficient infrastructure for
functioning of courts.
b) Petitioners have submitted that the present
Parappanangadi Court building is situated in vast area of land
having extent of 1.63 Acre. Sufficient vacant land is available for
constructing a new court complex.
c) Petitioners have further submitted that the
Parappanangadi Bar Association, the 1st petitioner association,
had approached all the authorities, on several occasions, for
constructing a new court complex at Parappanangadi. The High
Court of Kerala, as per letter dated 06.12.2018, had requested the
State Government, to accord administrative sanction for the
construction of court complex at Parappanangadi, and to include
the proposal in the scheme "Creation of Judicial Infrastructure"
under the Major Infrastructure Development Projects.
d) Petitioners have also submitted that the Chief
Engineer, as per letter dated 01.03.2019, has submitted the
proposal of construction of court complex, as sought by the
Government. It is understood that earlier, the State Government
W. P. (C) No. 8948 of 2022
had allotted 2 crore rupees in the budget for construction of new
court complex, but the same was lapsed.
e) Petitioners have contended that since no response has
been received from the Government in this regard, the High
Court of Kerala, as per Ext. P1 letter dated 09.08.2019, requested
the Government to take urgent necessary steps to accord
administrative sanction for the construction of the court complex
at Parappanangadi, at the earliest. But till date, no action has been
taken by the State Government in this regard. The inaction on the
part of the Government is violation of Article 39A of the
Constitution of India.
f) Petitioners have further contended that the trial courts
are the backbone of Indian Judiciary. They are the decision
makers in a lis. The appellate courts are only judging their
decisions. If proper infrastructure is not provided to the decision
makers in trial courts, the justice delivery system will fail.
4. Mr. K. P. Harish, learned Senior Government Pleader,
takes notice on behalf of respondents 1 to 4.
Notice to the Registrar General, High Court of Kerala,
Ernakulam, the 5th respondent."
2. Reverting, on the basis of the Government Order dated
10.05.2022, Mr. K. P. Harish, learned Senior Government Pleader,
submitted that Government have issued administrative sanction for
W. P. (C) No. 8948 of 2022
construction of court complexes at Chavakkad, Parappanangadi,
Manjeri and Kalpetta.
3. It is further submitted that the Superintending Engineer, Public
Works Department, Justice Building Region, Ernakulam, has sent a
letter dated 27.05.2022 to the Chief Engineer, Public Works
Department, Thiruvananthapuram, about the expenses to be incurred in
the matter of construction of court complex in Parappanangadi,
Malappuram District.
4. Government Order dated 10.05.2022 and the letter dated
27.05.2022, are reproduced:-
"GOVERNMENT OF KERALA
Abstract
Home Department - Judiciary- Construction of Court Complex-
Chavakkad, Parappangadi, Manjeri, Kalpetta -Administrative
Sanction accorded -Orders issued.
-------------------------------------------------------------------------------
HOME (C) DEPARTMENT
G.O.(Rt)No.1316/2022/HOME Dated, Thiruvananthapuram, 10-05-2022
-------------------------------------------------------------------------------
Read:- 1. Letter No.D9A(3)103456/2012 dated 04.08.2021 and
18.03.2022from Registrar (District Judiciary), High Court of
Kerala, Ernakulam.
2. Letter No.D9A(2)2126/2015 dated 24.02.2020 from Registrar
(District Judiciary), High Court of Kerala, Ernakulam.
W. P. (C) No. 8948 of 2022
3. Letter No.D9A(2)84494/2006 dated 18.06.2020 and
18.03.2022 from Registrar (District Judiciary) High Court of
Kerala, Ernakulam.
4. Letter No.D9A(2)24805/2006 dated 02.09.2021 and
18.03.2022 from Registrar (District Judiciary), High Court of
Kerala, Ernakulam.
5. Minutes of the meeting dated 28.02.2022 on infrastructure
development of Judicial buildings CSS (60%-40%)
ORDER
The Registrar (District Judiciary), High Court of Kerala
as per letters read above has forwarded proposals for the
construction of
1) Multi storied building having ground floor + 4th floor
with facilities to accommodate 5 court at Chavakkad at an
estimate of 3660 lakhs based on 2016. The revised estimate is
Rs.3790 lakhs based on DSR 2018.
2)Five Story building, which can accommodate 4 courts
at Parappanangadi at an estimate of Rs.25,56,60,377/- (DSR
2016)
3) Court Complex Manjeri- Phase II (Painting, Fire
Camp, Compound wall, Finishing work), at an estimate of
Rs.2,90,20,000/- based on DSR 2016. The revised estimate is
Rs. 356.31 lakhs based on DSR 2018.
4) Boundary wall on the northern side of the Court
Complex Kalpetta at an amount of Rs. 24,99,388- (DSR 2016).
The revised estimate is Rs 32,60,000/.
2. The construction works comes under the centrally
sponsored schemes with funding pattern 60:40 (60% CSS).
W. P. (C) No. 8948 of 2022
3. Government have examined the matter in detail and are
pleased to accord Administrative Sanction for the construction
work of court complex and construction of compound wall as
detailed below.
SI Name of Court Complex Estimate amount in
No . Lakhs
1 Chavakkad 3790 (DSR 2018)
2 Parappanangadi 2556 (DSR 2016)
3 Manjeri (Phase II) 356.31 (DSR 2018)
4 Construction of Boundary wall 32.6 (DSR 2018)
on northern side of court
complex Kalpetta
4. The expenditure on this account shall be met from the
head of account "4059-60-051-69" (60% CSS) on condition that
necessary Central assistance shall be obtained by Public Works
Department. Finance Department will be consulted at the time of
release of funds for the works.
(By order of the Governor)
JAYASREE T
JOINT SECRETARY"
"Office of the Superintendent
Public Works Department, Justice Building Region
Ernakulam, Edappally, Kochi, 682024
Email: [email protected]
Telephone: 0484 2340585
Number A1-255/15 Date: 27-05-2022
Sender
Superintending Engineer
W. P. (C) No. 8948 of 2022
Receiver
Chief Engineer
Public Works Department Building Region
Trivandrum
Sir,
Subject: Submitted before the Honorable High Court under file
No. WPC No.8948/2022 by Parappanangadi Bar Association,
Complaint - about the Construction of Court Complex in
Parappanangadi.
Indicated:
1. WPC No. 8948/2022 interim order dated 17-03-2022.
2. Endt. On No. CEPWD-JDL/16/2022-C2(W)-BL dated 12-04-
2022.
3. EEBL-DV0MLP/34/2022-E1-PWD letter from the office of
Malappuram executive engineer dated 05-05-2022.
4. No. D1/3434/2011 letter from the office of Malappuram
executive engineer.
5. A.S No. GO(Rt.) No. 1316/2022/Home Dated 10-05-2022 for
Rs.2556 Lakh
6. No. E2/65/2022/PWD letter from Secretary of Public Works
Department dated 25-05-2022.
7. No. SEJCBL/241/2022-A2-PWD letter from this department
dated 18/05/22.
Kindly inviting your attention to the above mentioned
information.
In accordance with DSR 2018, A revised estimate of
Rs.2600 lakhs was submitted for the administrative approval in
the public works department after the DSR 2018 was recently
established, even though an estimate of Rs. 2556 lakhs was
submitted according to the DSR 2016 for administrative approval
in the Public Works department for the above mentioned
initiative. However, in accordance with notice (4) an
W. P. (C) No. 8948 of 2022
administrative approval for Rs.2556 lakhs was received on 10-
05-2022 according to DSR 2016. Therefore, while preparing the
estimate for the technical approval as per DSR 2018 the amount
specified in the administrative approval is to be limited. In
pursuant to this, as per notice (4) it has been notified to the
executive engineer to bring forward the new estimate for
administrative approval. It has been kindly informed to you that
it has be submitted as soon as possible.
Yours faithfully,
Signature no verified
Digitally signed by Sujarani TS
Date: 2022.05.27 15:17:56 IST
Reason: Approved
SUPERINTENDING ENGINEER"
5. A reading of the order and letter indicates that administrative
sanction for the construction of new court complex at Parappanangadi,
Malappuram District, has been accorded under the Centrally
Sponsored Scheme (CSS) and that the construction comes in the
funding pattern 60:40.
6. From the above, it could be deduced that amounts sanctioned
by the State Government represents 40 percent under the Scheme and
that 60 percent of the central assistance should be obtained by the
Public Works Department. Funds has not been released by the State
W. P. (C) No. 8948 of 2022
Government.
7. In the light of the Scheme, amount representing 60 percent of
the cost of construction has to be obtained from the Central
Government by the Public Works Department.
8. In view of the above, we direct respondent Nos. 1, 2 and 4 to
take up the matter with the Central Government for appropriate central
assistance, as expeditiously as possible, so that the amount earmarked,
can be released, and construction work of Parappanangadi court
complex can be commenced, at the earliest.
9. To facilitate sanction under the abovesaid Scheme by the
Central Government, we deem it fit to implead the Secretary,
Department of Justice, Ministry of Law and Justice, Government of
India, 4th floor, A-Wing, Sasthri Bhavan, New Delhi - 110001, as
additional 6th respondent in the writ petition.
10. Mr. Jaishankar V. Nair, learned Central Government Counsel,
takes notice for the additional 6th respondent.
If any request is made by the State Government / Public Works
W. P. (C) No. 8948 of 2022
Department, for the central assistance to be provided by Government
of India for the construction of court complex at Parappanangadi,
Malappuram, the additional 6th respondent is directed to consider the
same and accord necessary sanction, at the earliest.
With the above directions, writ petition is disposed of.
Sd/-
S. MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P. CHALY
JUDGE
Eb
///TRUE COPY///
P. A. TO JUDGE
W. P. (C) No. 8948 of 2022
APPENDIX OF WP(C) 8948/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LETTER DATED 09.08.19
ISSUED BY THE REGISTRAR, HIGH COURT OF
KERALA
Exhibit P2 TRUE COPY OF THE LETTER DATED 26.2.2021
SEND BY THE ADDITIONAL CHIEF SECRETARY
TO GOVERNMENT, HOME DEPARTMENT TO THE
RESPONDENTS 4 AND 5
Exhibit P3 TRUE COPY OF THE REPLY DATED 03.02.2020
ISSUED BY THE ADDL. CHIEF SECRETARY,
FINANCE DEPARTMENT TO THE 1ST PETITIONER
Exhibit P3A TRUE ENGLISH TRANSLATION OF EXBT P3
