K M Mohammed Unni vs State Of Kerala(Deleted)
2023 Latest Caselaw 6493 Ker

W.P.(C) No.27137/2022
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                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE THE CHIEF JUSTICE MR.S.V.N.BHATTI
                                    &
               THE HONOURABLE MR.JUSTICE BASANT BALAJI
         TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                         WP(C) NO. 27137 OF 2022
PETITIONER/S:

     1      K M MOHAMMED UNNI
            AGED 66 YEARS
            S/O. MOIDU, KADAKATHAKATH HOUSE, PO ERIYADU,
            KODUNGALLUR, THRISSUR - 680666.

     2      O.N. ANIRUDHAN,
            AGED 72 YEARS
            S/O. NARAYANAN, OORKOLIL - HOUSE, PO AZHIKODE JETTY,
            KODUNGALLOOR, THRISSUR 680666.

           BY ADVS.
           T.P.SAJID
           K.M.SHANAVAS
           SHIFA LATHEEF
           MUHAMMED MUSTHAFA K.
           MUHAMMED HAROON A.N.



RESPONDENT/S:

     1      STATE OF KERALA(DELETED)
            REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
            GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. R I
            IS DELETED AS PER ORDER DATED 23/08/2022 IN WP(C).

     2      THE DISTRICT COLLECTOR,
            COLLECTORATE, AYYANTHOLE PO, THRISSUR-680003.

     3      STATE OF KERALA
            REPRESENTED BY SECRETARY TO GOVERNMENT, FISHERIES
            DEPARTMENT, GOVERNMENT SECRETARIAT,
 W.P.(C) No.27137/2022
                                          -2-


             THIRUVANANTHAPURAM-695001.

     4       THE PROJECT DIRECTOR,
             KERALA ROAD FUND BOARD, BSNL OFFICE BUILDING,
             DOORSANCHAR BHAVAN, PMG, THIRUVANANTHAPURAM-695033.

     5       THE PROJECT DIRECTOR,
             KERALA INFRASTRUCTURE INVESTMENT FUND BOARD (KIIFB),
             STATUE, PALAYAM, THIRUVANANTHAPURAM-695001.

     6       SECRETARY TO GOVERNMENT
             PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM-695 001 ADDL R6 IS IMPLEADED VIDE
             ORDER DAED 23/12/2022 IN I.A 3/2022 IN WP(C).

     7       FINANCE SECRETARY
             GOVERNMENT OF KERALA ADDL. R7 IS SUO MOTU IMPLEADED VIDE
             ORDER DATED 23/12/2022 IN WP(C).

             BY ADVS.
             ADVOCATE GENERAL OFFICE KERALA
             SHRI.V.TEKCHAND, SENIOR G.P.
             SHRI.K.V.MANOJ KUMAR, SC, KERALA ROAD FUND BOARD
             SHRI.AMITH KRISHNAN, SC KIIFB; B.G.HARINDRANATH, SC, KIIFB
             GOVERNMENT PLEADER(GP-1)


         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.27137/2022
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                             JUDGMENT

S V N Bhatti, C J

Heard Mr T P Sajid learned counsel for petitioners, Mr

Tekchand and Mr N Manoj Kumar, learned Senior Government

Pleaders, and Mr Amith Krishnan, learned Standing Counsel

for KIIFB

2. By separate order of even date, we have disposed of

W.P.(C) Nos.13648/2022 and 37523/2022.

3. The petitioners pray for the following reliefs:

"i) To issue a writ of mandamus or any other appropriate writ or order directing the respondents to commence the construction of Azhikode-Munaban Bridge at the earliest by calling for the tender of the work.

ii) To issue a writ of mandamus or any other appropriate writ or order or direction directing the 1st respondent to consider and pass final orders on Ext. P7 representation forthwith or within such time as this Hon'ble Court may deem fit and proper in the interest of justice.

iii) To grant such other reliefs as this Hon'ble Court may deem just and proper in the facts and circumstances of the case W.P.(C) No.27137/2022

including costs."

3. The Kerala Coastal Zone Management Authority

granted clearance on 08.06.2023 for the proposed construction

of a Bridge. It would be completely inappropriate for the

petitioners to compel for a direction at this stage of the matter

to complete the project in a time-bound schedule. It is open

for the petitioners to represent the competent authority, refer

to the orders of the competent authority where a decision is

taken to take the project forward and generate the needed

speed for expeditious completion of the project.

With the above observations, the writ petition is disposed

of.

Sd/-

S.V.N.BHATTI CHIEF JUSTICE

Sd/-

BASANT BALAJI JUDGE jjj W.P.(C) No.27137/2022

APPENDIX OF WP(C) 27137/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 23/10/2007 SUBMITTED BEFORE THE PWD MINISTER ALONG WITH ITS ENGLISH TRANSLATION

Exhibit P2 TRUE COPY OF THE LETTER DATED 26/5/2009 OF THE SUPERINTENDING ENGINEER, PWD ALUVA

Exhibit P3 TRUE COPY OF THE SAME IN THE YEAR 2018 ALONG WITH ITS ENGLISH TRANSLATION

Exhibit P4 TRUE COPY OF THE ORDER NO. E3-10552/2011 DATED 26/3/2017 ALONG WITH ITS ENGLISH TRANSLATION

Exhibit P5 TRUE COPY OF THE LETTER DATED 21/7/2018 ALONG WITH ITS ENGLISH TRANSLATION

Exhibit P6 TRUE COPY OF THE REPLY DATED 9/3/2022 FILED BY THE DEPUTY COLLECTOR, THRISSUR ALONG WITH ITS ENGLISH TRANSLATION

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 3/8/2022 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT

Exhibit P8 TRUE COPY OF THE LETTER DATED 21.10.2022 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE ADDITIONAL 6TH RESPONDENT.

Exhibit P 9 TRUE COPY OF THE LETTER DATED 06 / 01 / 2023 BY THE 4TH RESPONDENT TO THE 6TH RESPONDENT

Exhibit P10 TRUE COPY OF THE LETTER DATED 16.2.2023 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 6TH RESPONDENT, W.P.(C) No.27137/2022

Exhibit P11 TRUE COPY OF THE LETTER DATED 13.12.2022 ALONG WITH ITS TRUE TYPED COPY SUBMITTED BY THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY BEFORE THE 6TH RESPONDENT,