Kerala High Court
Joy M A vs State Of Kerala on 7 June, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
WP(C) NO. 13231 OF 2024
PETITIONER:
JOY M A
AGED 60 YEARS
MUNDIYATT HOUSE, OORAMANA P.O,
ERNAKULAM DISTRICT, PIN - 686663
BY ADVS.
P.CHANDRASEKHAR
C.RAMAN
ANOOP KRISHNA
ANAND SANKAR
REGIMOL M.K.
PRATHEEKSHA RAJ
JENNY THANKAM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY
TO GOVERNMENT OF KERALA,
DEPARTMENT OF FINANCE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,
KERALA, PIN - 695001
2 ADDITIONAL CHIEF SECRETARY TO GOVERNMENT OF KERALA
DEPARTMENT OF WATER RESOURCES,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,
KERALA, PIN - 695001
3 CHIEF ENGINEER
IRRIGATION & ADMINISTRATION,
OFFICE OF THE CHIEF ENGINEER,
IRRIGATION & ADMINISTRATION,
PUBLIC OFFICE BUILDING,
THIRUVANANTHAOPURAM, PIN - 695033
WP(C) NO. 13231 OF 2024
2
4 SUPERINTENDING ENGINEER
MINOR IRRIGATION CENTRAL CIRCLE,
ERNAKULAM, PIN - 682017
5 THE EXECUTIVE ENGINEER
IRRIGATION DIVISION (MAJOR),
OFFICE OF THE EXECUTIVE ENGINEER,
KAKKANAD P.O., ERNAKULAM, PIN - 682021
SRI. SUJITH MATHEW JOS. SPL. GOVT. PLEADER
SMT.VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13231 OF 2024
3
T.R. RAVI, J.
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W.P.(C). No.13231 of 2024
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Dated this the 7th day of June, 2024
JUDGMENT
The prayer in the writ petition is for a direction to the
respondents 1 to 4 to give consent and financial assistance to the 5 th
respondent to complete the rectification work to the left bank of
Muvattupuzha River downstream of Mundattukadavu in Ward No.1 of
Ramamangalam Grama Panchayat and for a direction to the 5 th
respondent to complete the aforesaid rectification work without
further delay. A statement has been filed by the 5 th respondent as
directed by this Court on 23.05.2024. Paragraph 4 of the statement
reads thus:
"4. It is submitted that the subject work was arranged
under SDRF Scheme (State Disaster Relief Fund). Now the
SDRF Scheme is no more available, as the same has been
wound up on 30.03.2023. The estimate for the original work
was prepared under 2015 DSOR. Now a revised estimate as
per 2018 DSOR with an increase of 35% in the estimate rate is
prepared and a revised estimate for the said work for
rearranging the same with the another contractor is submitted
to the 4th respondent. Financial Sanction from the Government
is necessary and the work has to be included in another
appropriate scheme as ordered by the Government. It is
WP(C) NO. 13231 OF 2024
submitted that the work can commence only after getting fresh
financial sanction from the Government and after including the
same in appropriate scheme."
Since the matter is already engaging the attention of the
Government and steps have also been taken, this writ petition is
disposed of directing the respondents to take necessary action on
what is stated in paragraph 4 of the statement extracted above and
complete the work at the earliest.
Sd/-
T.R. RAVI
JUDGE
Pn
WP(C) NO. 13231 OF 2024
APPENDIX OF WP(C) 13231/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE DETAILS OF THE ESTIMATE
AND OTHER DETAILS OF ESTIMATE AND OTHER
DETAILS OBTAINED BY THE PETITIONER FROM THE
5TH RESPONDENT AS PER LETTER DATED
03.03.2022 UNDER RIGHT TO INFORMATION ACT
Exhibit P2 TRUE COPY OF THE PETITION OF THE PETITIONER
AND OTHER BENEFICIARIES TO THE 5TH
RESPONDENT
Exhibit P3 TRUE COPY OF THE LETTER DATED 20.12.2020
SENT BY SRI. ANOOP JACOB TO THE 2ND
RESPONDENT
Exhibit P4 TRUE COPY OF THE CONSENT LETTER DATED
14.04.2022 OF THE PETITIONER
Exhibit P5 TRUE COPY OF THE LOCATION SKETCH OF THE
PROPERTY OF THE PETITIONER ISSUED BY
VILLAGE OFFICER, MENMURI DATED 23.12.2020
Exhibit P6 TRUE COPY OF THE SITE PLAN OF THE PROPOSED
SITE OF THE AFORESAID WORK
Exhibit P7 TRUE COPY OF THE COVERING LETTER DATED 14-
4-2022 SUBMITTED BY THE PETITIONER TO THE
5TH RESPONDENT
Exhibit P8 TRUE COPY OF THE PETITION DATED 18.01.2022
OF SMT. ALEYAMMA TO THE 5TH RESPONDENT
Exhibit P9 TRUE COPY OF THE WP(C) NO. 22771 OF 2022
DATED 11.07.2022 FILED BY THE PETITIONER
BEFORE THIS HONOURABLE COURT
Exhibit P10 TRUE COPY OF THE STATEMENT FIELD BY THE 2ND
RESPONDENT IN CON CASE (C) NO. 127 OF 2023
IN WP(C) NO. 22771 OF 2022
WP(C) NO. 13231 OF 2024
Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 04.04.2023
IN CON CASE (C) NO. 127 OF 2023 OF THIS
HONOURABLE COURT
Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 06.02.2024
IN WP(C) NO. 33062 OF 2023 OF THIS
HONOURABLE COURT
