Kerala High Court
N.M. Taha vs The State Of Kerala on 23 May, 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
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 5666 OF 2023
PETITIONER:
N.M. TAHA,
AGED 77 YEARS, S/O. MOHAMMED, NEDUMCHIRAYIL,
KARIPPADAM P.O, VAIKOM, PIN - 686605.
BY ADV KAVERY S THAMPI
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
2 THE CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT, ROADS AND BRIDGES,
THIRUVANANTHAPURAM, PIN - 695033.
3 THE DISTRICT COLLECTOR
COLLECTORATE, KOTTAYAM, KERALA, PIN - 686001.
4 THE DISTRICT COLLECTOR
ALAPUZHA CIVIL STATION, BESIDE ZILLA PACHAYATH OFFICE
ALAPUZHA, PIN - 688001.
5 THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT, ROADS DIVISION, KOTTAYAM,
PIN - 686001.
6 CHERIAN VARKEY CONSTRUCTION COMPANY(PVT) LTD
ENGINEERS & CONTRACTORS, VTH FLOOR, ALFA PLAZA,
K.P.VALLON ROAD, KADAVANTHRA, COCHIN - 682020,
REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADVS.
Santhosh Mathew
ARUN THOMAS(K/844/2007)
KARTHIKA MARIA(K/001293/2016)
ANIL SEBASTIAN PULICKEL(K/000278/2018)
ABI BENNY AREECKAL(K/001482/2019)
KURIAN ANTONY MATHEW(K/1812/2020)
SRI. K. V. MANOJ KUMAR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5666 OF 2023
2
T.R.RAVI.J
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WP(C) No.5666 of 2023
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Dated this the 23rd day of May, 2024
JUDGMENT
There are two issues raised in this writ petition. One is
regarding the construction of a bridge and the second is
regarding the development of the approach road. As regards
the construction of the bridge, the Government Pleader on
instructions submits that the contractor had demanded
revision of rates since there has been a long delay in carrying
out the project and in acquiring the required land. It is
submitted that orders have been issued revising the rates on
01.03.2024 and the process for completing the work has
already begun. Regarding the second prayer, it is submitted
that the work has not yet been taken up owing to paucity of
funds and that more than Rs.200 crores will be required if the
project is undertaken. I do not think that the Government can
be compelled to take up the work if there is paucity of funds.
The second prayer cannot be granted at this stage. As regards
WP(C) NO. 5666 OF 2023
the first prayer since already orders have been issued for
continuance of the work, the respondents shall ensure that the
work is completed in a time frame.
2. The writ petition is disposed of directing the official
respondents to ensure that the work is completed at the
earliest. They shall conduct a recheck of the work that has
been carried out till now, for the purpose of ensuring stability
and only after ensuring the stability shall further work be
continued from the stage at which it was stopped.
The disposal of writ petition is without prejudice to the
right of the petitioner to move again, if there is any
unnecessary delay in carrying out the work.
Sd/-
T.R.RAVI
JUDGE
mpm
WP(C) NO. 5666 OF 2023
APPENDIX OF WP(C) 5666/2023
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE PROJECT REPORT OBTAINED
BY THE PETITIONER ON MAKKEKADAVU-NEREKADAVU
ROAD PREPARED BY THE EXECUTIVE ENGINEER
ROADS DIVISION, ALAPUZHA, ASSISTANT
EXECUTIVE ENGINEER, (PWD) BRIDGES
SUBDIVISION, ALAPUZHA AND ASSISTANT
ENGINEER, BRIDGES SECTION ALAPUZHA.
Exhibit P2 A TRUE COPY OF THE G.O.(RT) NO.238/12/PWD
DATED 16.02.2012.
Exhibit P3 A TRUE COPY OF G.O.(RT) NO.705/2014/PWD
DATED 28.05.2014.
Exhibit P4 PHOTOGRAPHS OF THE BRIDGE UNDER
CONSTRUCTION.
ExhibitP5 A TRUE COPY OF THE REPRESENTATION DATED
17/4/2017 SUBMITTED BY THE PETITIONER BEFORE
THE DISTRICT COLLECTOR, KOTTAYAM.
Exhibit P6 A TRUE COPY OF THE RECEIPT ISSUED TO THE
PETITIONER FOR EXT P5.
Exhibit P7 A TRUE COPY OF THE INTERIM ORDER DATED
17.1.2019 IN W.P (C) NO: 21075/2019.
Exhibit P8 A TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER BEFORE THE 1ST RESPONDENT
DATED 11.03.2020.
Exhibit P9 A TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER BEFORE THE CHIEF SECRETARY
TO GOVERNMENT DATED 21.03.2020.
Exhibit P10 A TRUE COPY OF THE MINUTES OF THE MEETING
CONVENED AT THE CHAMBER OF DISTRICT
COLLECTOR ALAPUZHA ON 26.2.2020 ISSUED UNDER
RIGHT TO INFORMATION ACT TO THE PETITIONER.
Exhibit P11 A TRUE COPY OF THE COMMUNICATION BETWEEN THE
ASSISTANT EXECUTIVE ENGINEER, PWD (ROADS)
SUB DIVISION VAIKOM TO THE EXECUTIVE
ENGINEER, PWD (ROADS) DIVISION KOTTAYAM
DATED 18.09.2019 OBTAINED UNDER RIGHT TO
INFORMATION ACT.
Exhibit P12 A TRUE COPY OF THE COMMUNICATION DATED
29.07.2020 ISSUED BY THE ASSISTANT EXECUTIVE
ENGINEER, PWD (ROADS) SUB DIVISION VAIKOM TO
THE EXECUTIVE ENGINEER, PWD (ROADS) DIVISION
KOTTAYAM ALONG WITH THE ESTIMATE REPORT
WP(C) NO. 5666 OF 2023
OBTAINED BY THE PETITIONER UNDER THE RIGHT
TO INFORMATION ACT.
Exhibit P13 A TRUE COPY OF THE JUDGMENT DATED 3.02.2022
IN W.P (C) NO: 21075/2019.
Exhibit P14 A TRUE COPY OF THE REPLY ISSUED TO THE
PETITIONER BY THE ASSISTANT ENGINEER, PWD
ROADS SECTION, VAIKOM.
Exhibit P15 A TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER BEFORE THE CHIEF
SECRETARY, GOVERNMENT OF KERALA DATED
28.01.2023 BY REGISTERED POST.
Exhibit P16 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIVED
FOR EXT P15.
Exhibit P17 A TRUE COPY OF THE RELEVANT PAGES OF THE
BUDGET ESTIMATE ANNEXURE II FOR THE YEAR
2020-2021.
Exhibit P18 A TRUE COPY OF THE RELEVANT PAGES OF THE
BUDGET ESTIMATE ANNEXURE II FOR THE YEAR
2023-2024.
Exhibit P19 COPY OF THE GOOGLE IMAGE OF THE ROUTE FROM
THURAVOOR TO UDAYANAPURAM.
