Kerala High Court
Anilkumar T.K vs The State Of Kerala on 13 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
WP(C) NO. 13175 OF 2023
PETITIONER/S:
1 ANILKUMAR T.K.
AGED 53 YEARS, S/O KRISHNAN NAIR,
THEKKETHENAYAMPLACKAL HOUSE, KEEKOZHOOR PO,
RANNI, PATHANAMTHITTA DT., PIN - 689 672.
2 GEORGE THOMAS
AGED 68 YEARS, S/O THOMAS,
ILANJIKKAL HOUSE,KEEKOZHOOR PO, RANNI,
PATHANAMTHITTA DT., PIN - 689 672.
BY ADVS.
T.K.AJITH KUMAR
RAJESH PILLAI
AISWARYA RAMESAN
HARITHA HARIDAS
RAJESH BABU CHELAT
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695 001.
2 THE SECRETARY
PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695 001.
3 THE CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT, LMS VELLAYAMBALAM RD,
UNIVERSITY OF KERALA, SENATE HOUSE CAMPUS,
PALAYAM, THIRUVANANTHAPURAM, PIN - 695 033.
W.P.(C)No.13175 of 2023
2
4 THE ASSISTANT EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT (ROADS DIVISION),
NEAR COLLECTORATE, CHITTOOR,
PATHANAMTHITTA, PIN - 689 645.
SRI. TEKCHAND V., SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.13175 of 2023
3
JUDGMENT
Dated this the 13th day of April, 2023
S.Manikumar, C.J.
In this writ petition, the petitioners have sought for the
following reliefs:
"(i) Issue a writ of Mandamus or any other appropriate
writ, order or direction, directing the respondents to
construct a new bridge at Puthamon for enabling
vehicular traffic through Melukara - Ranni public road.
(ii) Issue a writ of Mandamus or any other appropriate
writ, order or direction, directing the respondents to
construct a temporary bridge at Puthamon, for
enabling vehicular traffic through Melukara - Ranni
public road, till such time the permanent bridge is
constructed.
(iii) Issue a writ of Mandamus or any other appropriate
writ, order or direction, directing the respondents to
consider and take appropriate action on Ext.P4
representation."
2. Short facts leading to the filing of the writ petition are as
under:
2.1. Petitioners are the local residents of Keekozhoor in Ranni
Taluk in Pathanamthitta District. Melukara Ranni public road is one of
the busiest roads in Ranni Taluk. Few months back, the Assistant
Executive Engineer, Public Works Department (Roads division),
Chittoor, Pathanamthitta - respondent No.4 found that the
Puthamon bridge in Melukara - Ranni route was found not fit for
W.P.(C)No.13175 of 2023
vehicular traffic and thereupon had prohibited vehicular traffic
through this bridge.
2.2. The shortest connection from Kozhencherry to Punalur
Ponkunnam highway is through Puthamon bridge. Train travelers
from Ranni and Kozhencherry were using this bridge to reach
Chengannur and Thiruvalla for boarding trains. Sabarimala pilgrims
are using this bridge to reach Ranni. People on either side of the
bridge are depending this bridge to reach various government and
private institutions.
2.3. Now, even after submitting several representations, the
respondents have not taken any steps to construct a new bridge or to
redress the grievances of the general public by constructing a
temporary bridge at the place of the damaged bridge. Hence, this
writ petition.
3. Though the petitioner has sought for larger reliefs, today
when the writ petition came up for admission, Mr. T. K. Ajith Kumar,
learned counsel for the petitioners, submitted that petitioners will be
satisfied if there is a direction to dispose of the representation dated
01.04.2023, within a time frame.
4. On instructions, Mr. V. Tekchand, learned Senior Government
Pleader, submitted that if the said representation is still pending on
W.P.(C)No.13175 of 2023
the file of the Chief Secretary, Government Secretariat,
Thiruvananthapuram - respondent No.1, the same will be forwarded
to the Secretary, Public Works Department, Thiruvananthapuram-
respondent No.2, for disposal. Submission of the learned Senior
Government Pleader is placed on record.
5. On a perusal of the representation dated 01.04.2023, it could
be deduced that said representation has been sent through
registered post with acknowledgment due. However, there is no
postal acknowledgement enclosed along with the instant writ
petition.
6. Therefore, we dispose of the writ petition with the following
directions:
(i) If the representation dated 01.04.2023 is still pending on the
file of the Chief Secretary, Government Secretariat,
Thiruvananthapuram (respondent No.1), the same shall be
forwarded to the Secretary, Public Works Department,
Thiruvananthapuram, respondent No.2, for disposal.
(ii) If the 2nd respondent had already received a copy of the
representation and is still pending on his file, the same shall
be disposed of, within one month from the date of receipt of a
copy of this judgment.
W.P.(C)No.13175 of 2023
Considering the grievance expressed by the petitioners, we
hope that the disposal of the representation be done within the time
as stipulated above.
Pending interlocutory applications, if any, shall stand closed.
Sd/-
S. Manikumar
Chief Justice
Sd/-
Murali Purushothaman
Judge
vpv
W.P.(C)No.13175 of 2023
APPENDIX OF WP(C) 13175/2023
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE PRESENT PHOTOGRAPHS OF
THE PUTHAMON BRIDGE.
Exhibit-P2 TRUE COPY OF THE REPRESENTATION DATED
20.3.2023 SUBMITTED IN THE NAME OF
KEEKOZHOOR CHARITABLE TRUST BEFORE THE
4TH RESPONDENT.
Exhibit-P2(a) ENGLISH TRANSLATION OF EXT.P2
REPRESENTATION.
Exhibit-P3 TRUE COPY OF THE PHOTOGRAPH OF THE
'DHARNA' IN FRONT OF THE OFFICE OF THE
4TH RESPONDENT.
Exhibit5 TRUE COPY OF THE REPRESENTATION DATED
1.4.2023 SUBMITTED BEFORE THE
RESPONDENTS.
//true copy//
P.A. to Judge
