Kerala High Court
Dr. E. Sreedharan vs State Of Kerala on 3 October, 2024
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WP(C) NO. 31375 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
WP(C) NO. 31375 OF 2024
PETITIONER/S:
DR. E. SREEDHARAN
AGED 92 YEARS
S/O. LATE K. NEELAKANDAN MOOSATH, RESIDING AT
PERUMBAYIL HOUSE, KUTTIKAD ROAD, PONNANI P.O.,
MALAPPURAM, PIN - 679577
BY ADVS.
SAJITH KUMAR V.
VIVEK A.V.
SREEHARI V.S.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY TO THE
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GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT
OF KERALA, SECRETARIATE, THIRUVANANTHAPURAM, PIN
- 695001
2 ROADS AND BRIDGES DEVELOPMENT CORPORATION LTD.
REPRESENTED BY ITS MANAGING DIRECTOR, OFFICE OF
ROAD AND BRIDGES DEVELOPMENT CORPORATION LTD.,
2ND FLOOR, PREETHI BUILDING, M.V. ROAD,
PALARIVATTOM, KOCHI, ERNAKULAM, PIN - 682025
3 THE CHIEF ENGINEER
PWD (ROADS AND BRIDGES), PUBLIC WORKS DEPARTMENT,
GOVERNMENT OF KERALA, SECRETARIATE,
THIRUVANANTHAPURAM, PIN - 695001
4 KERALA INFRASTRUCTURE INVESTMENT FUND BOARD
(KIIFB)
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/FUND
MANAGER, THE KERALA INFRASTRUCTURE INVESTMENT
FUND BOARD, 2ND FLOOR, FELICITY SQUARE, MG
SQUARE, STATUTE, THIRUVANANTHAPURAM, PIN - 695001
5 URALUNGAL LABOUR CONTRACT CO-OPERATIVE SOCIETY
LTD. NO. 10957
REPRESENTED BY ITS CHAIRMAN, MADAPPALLY COLLEGE
P.O., VADAKARA, KOZHIKODE, PIN - 673102
6 THE EXECUTIVE ENGINEER (PWD)
OFFICE OF THE EXECUTIVE ENGINEER, CIVIL STATION,
MALAPPURAM, PIN - 676505
BY ADV RESMITHA.R.CHANDRAN
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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
Heard Sri. Sajith Kumar V., learned counsel for the Petitioner
and Sri. Jiltu K.Gills, learned counsel for Respondent No.3 and Sri.
V.Tekchand, learned Senior Government Pleader for Respondent
No.1.
2. By this Public Interest Litigation, the Petitioner seeks a writ of
mandamus directing the Respondents to consider the alternative
alignment for the construction of Thirunavaya - Thavanur Bridge
proposed by the Petitioner. A further direction is sought to the
Respondents not to proceed with the present alignment for
construction of the bridge connecting Thirunavaya - Thavanur.
3. The Petitioner, as stated in the petition, is an engineer by
profession and the Architect behind Konkan Railway and Delhi Metro
Rail projects. The Petitioner, out of his expertise in the said subject, has
pointed out certain issues as regards the construction of Thirunavaya -
Thavanur Bridge as to how the alignment of the bridge should be. The
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learned Senior Government Pleader states that the work has already
commenced.
4. Alignment of bridge involves technical expertise. It is not
possible for us to assume the expertise in the subject and issue a writ of
mandamus to change the alignment of the bridge. However, this is a
matter where considering the long standing expertise and experience of
the Petitioner in this field, that the authorities would consider this
petition as a suggestion/input of the Petitioner be implemented if it is
feasible.
5. Learned Government Pleader states that a copy of this
petition would be placed before the 1st Respondent. The 1st
Respondent will examine the suggestions given by the Petitioner and
thereafter take an appropriate decision. We leave that decision for the
Respondents to take.
6. The learned counsel for the Petitioner states that the
Petitioner is ready to meet the 1st Respondent and explain the input.
The Respondent No.1 will give audience to the Petitioner either
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personally or through video conferencing to understand his
suggestions/ input.
7. The writ petition is disposed of accordingly.
Sd/-
NITIN JAMDAR
CHIEF JUSTICE
Sd/-
S.MANU
JUDGE
uu
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APPENDIX OF WP(C) 31375/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE G.O.(RT) NO.
1496/2016/PWD DATED 31.10.2016 ISSUED
ON BEHALF OF THE 1ST RESPONDENT
Exhibit P2 A TRUE COPY OF THE G.O.(RT) NO.
73/2017/PWD DATED 16.01.2017 ISSUED ON
BEHALF OF THE 1ST RESPONDENT
Exhibit P3 A TRUE COPY OF THE G.O.(RT) NO.
1066/2017/PWD DATED 22.07.2017 ISSUED
ON BEHALF OF THE 1ST RESPONDENT
Exhibit P4 A TRUE COPY OF THE LETTER DATED
29.10.2022 SUBMITTED BY THE PETITIONER
BEFORE THE HON'BLE CHIEF MINISTER OF
KERALA
Exhibit P5 A TRUE COPY OF THE
LETTER/REPRESENTATION DATED 18.02.2023
SUBMITTED BY THE PETITIONER BEFORE THE
HON'BLE MINISTER FOR PUBLIC WORK
DEPARTMENT AND TOURISM
Exhibit P6 A TRUE COPY OF THE REPRESENTATION DATED
24.08.2024 SUBMITTED BY THE PETITIONER
BEFORE THE HON'BLE CHIEF MINISTER OF
KERALA
Exhibit P7 A TRUE COPY OF THE JANMABHOOMI
NEWSPAPER REPORT DATED 28.12.2023
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WP(C) NO. 31375 OF 2024
Exhibit P8 A TRUE COPY OF THE PLAN PREPARED BY THE
PETITIONER SHOWING ALIGNMENT OF THE
BRIDGE
RESPONDENT EXHIBITS
Exhibit R2(a) Government Order GO (Rt)
No.1044/2009/PWD dated 14/07/09.
Exhibit R2(b) ALIGNMENT PLANOF PROPOSED THIRUNAVAYA
BRIDGE. Date Nill
Exhibit R2(h) Government Order GO (Rt)
No.1066/2017/PWD dated 22.07.2017.
Exhibit R2(i) Bridge across Bharathapuzha at
Thavanur. A letter was given by the
petitioner in 2022 only. As per the
exhibit PS, which is produced.
Exhibit R2(j) A new proposal for connecting Guruvayur
to Tirunavaya was initiated in October
2009 by Railways. A new proposal for
connecting Guruvayur to Tirunavaya was
initiated in October 2009 by Railways.
A true copy of the Wikipedia page is
produced.
Exhibit R2(k) The Exhibit R2(k) would reveal that the
bridge is planned perpendicular to the
river flow direction. Copy of alignment
comparison drawing is produced.
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Exhibit R2(c) Government Order GO (Rt) No.
706/2010/PWD dated 29.04.2010
Exhibit R2(g) KIIFB- Project: PWD001-28: Construction
of River Bridge across Bharathapuzha at
Thirunavaya In Malappuram District-
Approval and Sanction of funding -
Orders Issued. Order no. APR-
2/136/2017/KIIFB dated 16.12.2017.
Exhibit R2(d) Government Order GO (Rt) No:
1496/2016/PWD dated 31.10.2016.
Exhibit R2(f) Government Order GO (Rt) n0.73/2017/PWD
dated 16.01.2017.
Exhibit R2(e) PWD - KIIFB Construction of a bridge
across Bharathapuzha at Thirunavaya in
Malappuram District. The answering
respondent informed Government that the
project was already allocated to it and
that the land acquisition for the
project is in progress and the copy of
the same is produced.
