Siyad A.E vs Anand Singh
2022 Latest Caselaw 5307 Ker

Citation : 2022 Latest Caselaw 5307 Ker
Judgement Date : 20 May, 2022

Kerala High Court

Siyad A.E vs Anand Singh on 20 May, 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
  FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                 CON.CASE(C) NO. 797 OF 2022
AGAINST THE JUDGMENT IN WP(C) 12943/2021 OF HIGH COURT OF
                    KERALA DATED 3.8.2021
PETITIONER/WRIT PETITIONER:

         SIYAD A.E.
         AGED 46 YEARS, S/O A.M. EBRAHIM,
         ARAYAPARAMBIL HOUSE, CHANDIROOR P.O.,
         AROOR VILLAGE, CHERTHALA TALUK,
         ALAPPUZHA, PIN - 688 537.

         BY ADVS.
         C.Y.VINOD KUMAR
         K.A.JALEEL


RESPONDENT/2ND RESPONDENT:

         ANAND SINGH IAS
         AGE AND NAME OF FATHER NOT KNOWN TO THE
         PETITIONER
         THE SECRETARY TO GOVERNMENT,
         PUBLIC WORKS DEPARTMENT,
         GOVT. OF KERALA, SECRETARIAT,
         TRIVANDRUM, PIN - 695001
OTHER PRESENT:

         SR. GOVERNMENT PLEADER SRI. V. TEK CHAND


     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
FOR ADMISSION ON 20.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
    Cont. Case (C).797/2022
                                         2


                                 JUDGMENT

Dated this the 20th day of May, 2022

S. Manikumar, CJ.

Writ petition has been filed for the following reliefs:

"i) issue a writ of mandamus or any other appropriate writs, orders or directions commanding the respondents to acquire 1.50 cents of land at Kundannur Junction, projecting to Maradu-Tripunithura road on NH 49 (New NH85) and remove the small thatched shed, which is causing traffic jam and difficulties for free left moving to the travelling people and pedestrians coming from Vyttila area to Tripunithura.

ii) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the 2nd respondent to take immediate decision on Exhibit P3 representation submitted by the petitioner.

2. Taking note of the earlier orders and the statement of

the Executive Engineer, National Highway (B)

Division/respondent No.6 therein, counter affidavit of KIIFB/7th

respondent, filed along with sketch, and upon hearing the

respondents, we passed the following: Cont. Case (C).797/2022

"9. The deliberation made above would make it clear that substantial and adequate steps are taken by the PWD as well as the concerned Corporation for developing the Kundannur Junction in order to have free left turn access for the vehicles proceeding from either side of the bye roads to the Highway. Submission made by learned counsel for the petitioner was that the acquisition now proposed by the responsible agencies is for a larger extent of property and it may take some time and therefore, the purpose would not be served to control and regulate the traffic at Kundannur Junction immediately.

10. Having analysed the situation and facts and circumstances we are of the clear opinion that it is for the State Government and its agencies and departments to take appropriate action in order to regulate the traffic in the junction in question and if the Government and the agencies are of the opinion that large area of land is required to make the junction more functional and feasible, then it is for the Government and its agencies to take such steps and finalise the plan and the scheme. Anyhow it is not for this court to decide the manner in which the junction has to be developed. It is clear from the letter issued by the Roads and Bridges Development Corporation of Kerala Ltd., that adequate steps are taken to secure administrative sanction for construction, acquisition and securing permission from the National Highway Authority in order to develop the junction.

11. Therefore, we are satisfied with the steps taken by the Government and its agencies. In that view of the matter, we Cont. Case (C).797/2022

dispose of the writ petition directing the State Government to take adequate action in terms of the correspondences referred to above, at the earliest and at any rate within two months from the date of receipt of a copy of this judgment, and complete the construction activities in accordance with law at the earliest possible time.

Writ petition is disposed of accordingly."

3. Contending inter alia that the direction issued in W.P(C).

No.12943 of 2021 dated 3.8.2021 has not been implemented,

instant contempt petition is filed.

4. On this day, when the matter came up for hearing, on

instructions and by furnishing a copy of the G.O.No.13/2022/PWD

dated 26.4.2022, issued by Public Works (D) Department, Mr. V.

Tekchand, learned Senior Government Pleader submitted that on

request made by Roads and Bridges Development Corporation,

administrative sanction has been issued for a sum of Rs.10.53

Crores for acquisition of land for development of Kundannur

Junction. Copy of the Government Order submitted is taken on

record and is reproduced:

Cont. Case (C).797/2022

"GOVERNMENT OF KERALA Abstract Public Works Department- Administrative Sanction for Land Acquisition for Kundanoor Junction Development-Orders issued

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

PUBLIC WORKS (D) DEPARTMENT

G.O.(Ms)No.13/2022/PWD Dated, Thiruvananthapuram, 26-04-2022

---------------------------------------------------------------------------------------------- Read 1 Letter No.RBDCK/T 219/Vol XI/1267 dated 23.07.2021 from General Manager, RBDCK

2 Judgment of Hon'ble High Court in WP(C) No. 12943 of 2021 dated 03.08.2021

ORDER As per the letter read above, Roads and Bridges Development Corporation requested for Administrative Sanction for an amount of Rs. 10.53 Crore for Land Acquisition for the development of Kundannur Junction.

2. In the judgment read as 2 paper above, Hon'ble High Court has disposed the Writ Petition directing the State Government to take adequate action in terms of the correspondences received .

3.Government have examined the matter in detail and are pleased to accord Administrative Sanction for an amount of Rs.10.53 Crore (Ten Crore Fifty Three Lakhs Only) for the Land Acquisition for development of Kundannur Junction with the funding of KIIFB and appoint Roads and Bridges Development Corporation of Kerala as SPV (Special Purpose Vehicle) for the work.

( By order of the Governor) Ajit Kumar I A S SECRETARY"

Cont. Case (C).797/2022

5. Though Mr.C.Y. Vinod Kumar, learned counsel for the

contempt petitioner submitted that a time limit may be fixed for

land acquisition, knowing fully that acquisition proceedings

requires a considerable time, while disposing the writ petition,

we only observe that construction activities should be done in

accordance with law, at the earliest possible time.

6. Taking note of the above said Government Order, we are

of the view that there is no prima facie case to invoke the

provisions of contempt proceedings. Accordingly, contempt

petition is closed.