P.L Jacob vs State Of Kerala
2023 Latest Caselaw 4411 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                               &
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                    WP(C) NO. 13102 OF 2023
PETITIONER/S:

           P.L JACOB
           AGED 60 YEARS
           S/O LONAPPAN, RESIDING AT PADINJAKARA HOUSE,
           KUTTIKADU P.O., CHALAKKUDY, THRISSUR DISTRICT,
           PIN - 680724
           BY ADVS.
           T.M.ABDUL LATHEEF
           NITHIN A.R.


RESPONDENT/S:

    1      STATE OF KERALA
           REPRESENTED BY SECRETARY TO GOVERNMENT PUBLIC
           WORKS DEPARTMENT(ROADS), SECRETARIAT P.O,
           THIRUVANANTHAPURAM, PIN - 695001
    2      DIRECTOR OF VIGILANCE AND ANTICORRUPTION
           PMG JUNCTION, THIRUVANANTHAPURAM, PIN - 695003
    3      CHIEF ENGINEER
           PWD DEPARTMENT (ROADS) THIRUVANANTHAPURAM, PIN -
           695001
    4      SUPERINTENDENT ENGINEER
           OFFICE OF THE SUPERINTENDENT ENGINEER PWD ROADS
           ALUVA ERNAKULAM DISTRICT, PIN - 683101
    5      EXECUTIVE ENGINEER
           PWD ROADS, CHEMBUKAVU THRISSUR, PIN - 680020
    6      ASSISTANT EXECUTIVE ENGINEER
           PWD ROADS IRINJALAKUDA, THRISSUR, PIN - 680121
    7      ASSISTANT ENGINEER
           PWD ROADS, IRINJALAKUDA THRISSUR, PIN - 680121
    8      ASSISTANT ENGINEER
           PWD ROADS, KODAKARA, PUTHUKAD P.O THRISSUR, PIN -
           680301
 W. P. (C) No. 13102 of 2023
                                   -2-


     9        ASSISTANT ENGINEER
              PWD ROADS, CHALAKKUDY THRISSUR, PIN - 680307
     10       CHIEF TECHNICAL EXAMINER
              PWD ROADS, THIRUVANANTHAPURAM, PIN - 698001
     11       QUALITY CONTROL OFFICER
              PWD ROADS, CHEMBUKAVU, THRISSUR, PIN - 680020
     12       STATE OF KERALA
              REPRESENTED BY SECRETARY TO GOVERNMENT FINANCIAL
              DEPARTMENT THIRUVANANTHAPURAM, PIN - 695001
OTHER PRESENT:

              N. MANOJ KUMAR, STATE ATTORNEY


       THIS     WRIT    PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION      ON    12.04.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 13102 of 2023
                                     -3-




                              JUDGMENT

S. Manikumar, C. J.

Instant public interest writ petition is filed for the following

reliefs:-

"i) To call for the records relating to Exhibit P-1 to P-11 and to issue a writ of mandamus commanding the 1 st respondent to constitute an authority headed by retired Supreme Court or High Court Judges and with technical staffs with full fledged office to supervise the road works under public works department in state of Kerala for panchayat and municipality corporation roads for the purpose of releasing the road to smooth vehicular traffic by taking steps under criminal and civil law by recovering cost from the erring contractors;

ii) To issue any writ order or direction directing the 2 nd respondent to enquire into the condition of roads stated in Ext.P5 and to submit report about the damages present in road covered under Ext.P5 and P6 and also to recover such damages from the contractors and their property and also by implicating them in criminal cases and also not to disburse bills regarding quality and quantity of the work done etc are assessed;

iii) To issue any writ order or direction commanding the respondents 1 and 3 that no payment shall be effected in respect of contract work done under the respondents and which can be W. P. (C) No. 13102 of 2023

released only on such certification by the authority concerned."

2. Short facts leading to the filing of the writ petition are as

under:-

2.1. Petitioner has submitted that the road works carried out by

the Public Works Department is of such a nature that the works when

completed, will not remain without any damage of repairs and

renovation works, at least for a period of one year. The amounts

allotted are utilized in such a way that not even one forth of the amount

is spent for the work, and the State Exchequer is the looser, which is

nothing but public money, and the swindling of the same occurs in

large scale. But again and again, Government is committed to carry out

repairing works, and an end can be put to such practice prevalent in the

particular department, only by assessing the quality of the works under

the Divisions.

2.2. Petitioner has further submitted that he has filed an

application under the Right to Information Act, 2005, and obtained

details of the works, and it is clear that the works that are completed, is

again put under renovation, reconstruction etc. After obtaining the W. P. (C) No. 13102 of 2023

reply, complaints are filed, but without taking into account the matter

stated in the complaint, and without conducting an in-depth study

about the quality of the work and measurement details etc., the

contractors who committed such misappropriation and deprivation of

money and property to the Government, are not proceed with at all,

and hence, the complaints filed by the petitioner still remains as a

prelude. It is in the said circumstances, the petitioner, in order to

prevent the misutilization of the public money, and for taking

appropriate action including constitution of committee etc., has

approached this Court.

3. Today, when the matter came up for admission, Mr. N. Manoj

Kumar, learned State Attorney, submitted that the prayers sought for in

the writ petition are not maintainable.

4. Giving due consideration to the averments and the grounds,

we are of the view that the prayers sought for in the writ petition are

not maintainable, and therefore, they are declined.

However, we direct the Secretary to the Government, Public

Works Department, Thiruvananthapuram, the 1 st respondent, to W. P. (C) No. 13102 of 2023

consider and pass orders on Ext. P8 representation dated 17.01.2023

submitted by the petitioner, in accordance with law, within a period of

two months from the date of receipt of a copy of this judgment, for

which there is no objection from the learned State Attorney.

Accordingly, writ petition is disposed of.

Sd/-

S. MANIKUMAR CHIEF JUSTICE

Sd/-

MURALI PURUSHOTHAMAN JUDGE

Eb

///TRUE COPY/// P. A. TO JUDGE W. P. (C) No. 13102 of 2023

APPENDIX OF WP(C) 13102/2023

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE CHARGE SHEET NO.32/11 SUBMITTED BY VIGILANCE AND ANTI-

CORRUPTION BEAURO THRISSUR EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.11936/2004 DATED 11/11/2005 EXHIBIT P3 TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.13632/2022 DATED 17/10/2022 EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 7/2/2023 WITH ENGLISH TRANLSATION EXHIBIT P5 TRUE COPY OF THE LETTER OBTAINED UNDER THE RI ACT DATED 20/2/2023 WITH ENGLISH TRANSLATION EXHIBIT P6 TRUE COPY OF THE INFORMATION DATED 28/1/2023WITH ENGLISH TRANSLATION EXHIBIT P7 TRUE COPY OF THE PHOTOGRAPH EXHIBIT P8 TRUE COPY OF THE COMPLAINT FILED BEFORE THE 1ST RESPONDENT DATED 17/1/2023 WITH ENGLISH TRANSLATION EXHIBIT P9 TRUE COPY OF THE COMPLAINT FILED BEFORE THE 1ST RESPONDENT DATED 17/2/2023 WITH ENGLISH TRANSLATION EXHIBIT P10 TRUE COPY OF THE REPORT IN MALAYALA MANORAMA DAILY DATED 17/2/2023 WITH ENGLISH TRANSLATION EXHIBIT P11 TRUE COPY OF THE COMPLAINT FILED BEFORE THE 2ND RESPONDENT DATED 20/2/2023 WITH ENGLISH TRANSLATION