Kerala High Court
Jolly Jose vs State Of Kerala on 7 July, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945
WP(C) NO. 22074 OF 2023
PETITIONER/S:
JOLLY JOSE, AGED 49 YEARS
S/O. JOSEPH, CONTRACTOR, VELLANKAL HOUSE, AYAVANA
P.O., MUVATTUPUZHA-VIA, ERNAKULAM DISTRICT., PIN
- 686668
BY ADVS.
BABU JOSEPH KURUVATHAZHA
ARCHANA K.S.
MOHAMMED SHAFI.K
HRISHIKRISHNAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF WATER RESOURCES, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
2 CHIEF ENGINEER
PROJECTS-II (IRRIGATION), THIRUVANANTHAPURAM.,
PIN - 695033
3 SUPERINTENDING ENGINEER
MUVATTUPUZHA VALLEY IRRIGATION PROJECT, PROJECT
CIRCLE, MUVATTUPUZHA, ERNAKULAM DISTRICT., PIN -
686661
4 EXECUTIVE ENGINEER
MUVATTUPUZHA VALLEY IRRIGATION PROJECT DIVISION
NO.III, MUVATTUPUZHA, ERNAKULAM DISTRICT., PIN -
686661
OTHER PRESENT:
SRI.SUJITH MATHEW JOSE, SPL.GP(IRRIGATION)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2-
W.P.(C). No. 22074 of 2023
P.V.KUNHIKRISHNAN, J.
======================================================
W.P.(C) No. 22074 of 2023
=============================================================
Dated this the 7th day of July, 2023
JUDGMENT
The above writ petition is filed with following prayers:
"i. issue a writ of certiorari or any other appropriate writ,
order or direction quashing Ext.P19 order of the 4 th
respondent;
ii. issue a writ of of mandamus or any other appropriate writ,
order or direction, commanding the 3rd respondent to record
the measurements of the spoil utilized by the petitioner, for
various filling works, and still arranged at the site, with
notice to the petitioner:
iii. issue a writ of mandamus or any other appropriate writ,
order or direction, commanding the 2 nd and 3rd respondents
to consider and dispose of Ext.P23 representation, with
notice to the petitioner,
iv. issue such other writ, order or direction which may deem
fit in the facts and circumstances of the case;
v. dispense with the translation of the documents produced in
the Vernacular Language." (sic)
W.P.(C). No. 22074 of 2023
2. When this writ petition came up for consideration, the
counsel for the petitioner submitted that the petitioner will be
satisfied, if a direction is issued to the 3 rd respondent to consider
Ext.P23, which is filed against Ext.P19, within a time frame.
3. Heard the Special Government Pleader (Irrigation) also.
4. After hearing both sides, I am of the considered opinion
that this writ petition itself can be disposed of directing the 3 rd
respondent to consider Ext.P23within a time frame, with notice to the
petitioner.
Therefore, this writ petition is disposed of in the following
manner:
1. The 3rd respondent is directed to consider and pass
appropriate orders in Ext.P23, after giving an opportunity of
hearing to the petitioner, as expeditiously as possible, at any
rate within two months from the date of receipt of a certified
copy of this judgment.
2. Till final orders are passed as directed above, coercive
steps based on Ext.P19 shall be deferred.
W.P.(C). No. 22074 of 2023
3. The petitioner will produce a stamped certified copy of
this judgment together with a copy of this writ petition
before the 3rd respondent for compliance.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No. 22074 of 2023
APPENDIX OF WP(C) 22074/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF G.O.(RT) NO.1000/2016/WRD
DATED 21.12.2016 ISSUED BY THE 1ST
RESPONDENT.
Exhibit P2 TRUE COPY OF THE LETTER DATED 31.3.2017
OF THE 3RD RESPONDENT FORWARDED TO THE
2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE LETTER DATED 7.4.2017
OF THE 2ND RESPONDENT FORWARDED TO THE
3RD RESPONDENT.
Exhibit P4 TRUE COPY OF THE LETTER DATED 29.7.2017
OF THE 3RD RESPONDENT.
Exhibit P5 TRUE COPY OF THE AGREEMENT DATED
25.8.2017 ENTERED INTO BETWEEN THE
PETITIONER AND THE 3RD RESPONDENT.
Exhibit P6 TRUE COPY OF THE MEMO OF WORK TENDERED,
PERTAINING TO EXT.P5 AGREEMENT, ISSUED
BY THE 3RD RESPONDENT.
Exhibit P7 TRUE COPY OF THE LETTER DATED
26.10.2017 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
Exhibit P8 TRUE COPY OF THE LETTER DATED
28.11.2017 ISSUED BY THE 3RD
RESPONDENT.
Exhibit P9 TRUE COPY OF THE LETTER DATED
28.12.2018 OF THE 4TH RESPONDENT
FORWARDED TO THE 3RD RESPONDENT.
Exhibit P10 TRUE COPY OF THE RESOLUTION DATED
6.3.2019 PASSED BY THE AVOLY GRAMA
PANCHAYAT.
Exhibit P11 TRUE COPY OF THE RESOLUTION DATED
25.5.2019 PASSED BY THE AYAVANA GRAMA
PANCHAYAT.
Exhibit P12 TRUE COPY OF THE LETTER DATED 19.8.2019
OF THE 4TH RESPONDENT FORWARDED TO THE
3RD RESPONDENT.
Exhibit P13 TRUE COPY OF THE LETTER DATED
15.10.2019 OF THE 3RD RESPONDENT
FORWARDED TO THE 2ND RESPONDENT.
W.P.(C). No. 22074 of 2023
Exhibit P14 TRUE COPY OF THE ORDER DATED 1.11.2019
ISSUED BY THE 3RD RESPONDENT.
Exhibit P15 TRUE COPY OF THE ORDER DATED 22.2.2021
ISSUED BY THE 3RD RESPONDENT.
Exhibit P16 TRUE COPY OF THE CERTIFICATE OF
COMPLETION OF WORK, ISSUED BY THE
ASSISTANT EXECUTIVE ENGINEER, MVIP SUB
DIVISION NO.7, MUVATTUPUZHA, PERTAINING
TO THE COMPLETION OF WORK ON 31.3.2021.
Exhibit P17 TRUE COPY OF THE COPY OF THE PROFORMA
OF THE WORK ISSUED BY THE ASSISTANT
EXECUTIVE ENGINEER, MVIP SUB DIVISION
NO.7, MUVATTUPUZHA.
Exhibit P18 TRUE COPY OF THE CERTIFICATE TO
ACCOMPANY COMPLETION CERTIFICATE OF THE
WORK ISSUED BY THE ASSISTANT EXECUTIVE
ENGINEER, MVIP SUB DIVISION NO.7,
MUVATTUPUZHA.
Exhibit P19 TRUE COPY OF THE ORDER NO.E1 (D1)
1485/2017 DATED 17.10.2022 ISSUED BY
THE 4TH RESPONDENT.
Exhibit P20 TRUE COPY OF THE PROCEEDING OF THE
STATE PUBLIC INFORMATION OFFICER
ATTACHED TO THE OFFICE OF THE 3RD
RESPONDENT DATED 30.11.2022.
Exhibit P21 TRUE COPY OF THE INFORMATION DATED
7.1.2023 ISSUED BY THE ASSISTANT
EXECUTIVE ENGINEER, MVIP, SUB DIVISION
NO.7, MUVATTUPUZHA.
Exhibit P22 TRUE COPY OF THE PROCEEDING DATED
22.10.2022 OF THE GEOLOGIST, MINING AND
GEOLOGY DEPARTMENT FORWARDED TO THE 4TH
RESPONDENT.
Exhibit P23 TRUE COPY OF THE REPRESENTATION DATED
19.1.2023 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND AND 3RD RESPONDENTS.
