Kerala High Court
Nishad E.M vs State Of Kerala on 25 April, 2025
2025:KER:33191
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 25TH DAY OF APRIL 2025 / 5TH VAISAKHA, 1947
WP(C) NO. 13981 OF 2025
PETITIONER:
NISHAD E.M.
AGED 45 YEARS
S/O. MOHAMMED ALI, CONTRACTOR,
ERUPPAKOTTIL HOUSE, PERINGALA P.O.,
ERNAKULAM DISTRICT., PIN - 683565
BY ADVS.
BABU JOSEPH KURUVATHAZHA
ARCHANA K.S.
MOHAMMED SHAFI.K
NOEL EALIAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF PUBLIC WORKS, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
2 CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT (ADMINISTRATION), PUBLIC
OFFICE COMPLEX, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM., PIN - 695033
3 DEPUTY CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT (VIGILANCE),
VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM., PIN - 695033
4 SUPERINTENDING ENGINEER
PUBLIC WORKS DEPARTMENT, ROADS CENTRAL CIRCLE,
ALUVA, ERNAKULAM DISTRICT., PIN - 683101
5 EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT, ROADS DIVISION,
THRIKKAKARA, ERNAKULAM, KOCHI., PIN - 682021
W.P.(C)No.13981 of 2025
2
2025:KER:33191
6 ASSISTANT EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT, ROADS SUB DIVISION,
THRIKKAKARA, ERNAKULAM, KOCHI., PIN - 682021
OTHER PRESENT:
SRI.E.G. GORDEN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.04.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.13981 of 2025
3
2025:KER:33191
S. MANU, J.
........................................
W.P.(C)No.13981 of 2025
............................................................
Dated this the 25th day of April, 2025
JUDGMENT
Without entering into the merits of the contentions, the
writ petition is disposed of directing the Secretary to
Government, Public Works Department to consider Ext.P18
representation and to take a decision on the same after
providing an opportunity of hearing to the petitioner, within a
period of two months from the date of receipt of a copy of this
judgment.
Sd/-
S. MANU, JUDGE
Dxy
2025:KER:33191
APPENDIX OF WP(C) 13981/2025
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE ACKNOWLEDGMENT FORM
OF HANDING OVER THE SITE TO THE
CONTRACTOR.
Exhibit-P2 TRUE COPY OF THE COMPLETION
CERTIFICATE DATED 15.11.2023 ISSUED BY
THE 4TH RESPONDENT.
Exhibit-P3 TRUE COPY OF THE ANONYMOUS LETTER
DATED 20.11.2022 RECEIVED AT THE
OFFICE OF THE CHIEF ENGINEER
(VIGILANCE), PWD ROADS,
THIRUVANANTHAPURAM, IN THE NAME OF ONE
RIAZ KALATHIPARAMBIL, NEAR KWA, KPCC
JUNCTION, COCHIN.
Exhibit-P4 TRUE COPY OF THE LETTER DATED
19.05.2023 FORWARDED BY THE 5TH
RESPONDENT TO THE 4TH RESPONDENT.
Exhibit-P5 TRUE COPY OF THE REPORT DATED
05.06.2023 FORWARDED BY THE MAR
ATHANASIUS COLLEGE OF ENGINEERING,
KOTHAMANGALAM TO THE ASSISTANT
ENGINEER, PWD ROADS SECTION,
ERNAKULAM.
Exhibit-P6 TRUE COPY OF THE LETTER DATED
14.06.2023 FORWARDED BY THE ASSISTANT
ENGINEER, PWD ROADS SECTION, ERNAKULAM
TO THE 6TH RESPONDENT.
Exhibit-P7 TRUE COPY OF THE LETTER 05.07.2023
FORWARDED BY THE ASSISTANT ENGINEER,
PWD ROADS SECTION, ERNAKULAM TO THE
6TH RESPONDENT.
Exhibit-P8 TRUE COPY OF THE LETTER DATED
04.03.2024 FORWARDED BY THE 5TH
RESPONDENT TO THE 3RD RESPONDENT.
2025:KER:33191
Exhibit-P9 TRUE COPY OF THE LETTER DATED
15.05.2024 FORWARDED BY THE 6TH
RESPONDENT TO THE 5TH RESPONDENT.
Exhibit-P10 TRUE COPY OF THE LETTER DATED
12.08.2024 FORWARDED BY THE 5TH
RESPONDENT TO THE 3RD RESPONDENT.
Exhibit-P11 TRUE COPY OF THE LETTER DATED
12.11.2024 FORWARDED BY THE JOINT
DIRECTOR OF KERALA HIGHWAY RESEARCH
INSTITUTE TO THE CHIEF ENGINEER
(BUILDINGS), PWD, THIRUVANANTHAPURAM.
Exhibit-P12 TRUE COPY OF THE LETTER DATED
10.12.2024 FORWARDED BY THE 5TH
RESPONDENT TO THE 3RD RESPONDENT.
Exhibit-P13 TRUE COPY OF THE LETTER DATED
12.01.2025 SENT BY THE 3RD RESPONDENT
TO THE 5TH RESPONDENT.
Exhibit-P14 TRUE COPY OF THE LETTER DATED
28.1.2025 FORWARDED BY THE 5TH
RESPONDENT TO THE 3RD RESPONDENT.
Exhibit-P15 TRUE COPY OF THE AREA CALCULATION
ENCLOSED ALONG WITH EXT.P17.
Exhibit-P16 TRUE COPY OF THE LETTER DATED
01.03.2025 SENT BY THE 1ST RESPONDENT
TO THE 3RD RESPONDENT.
Exhibit-P17 TRUE COPY OF THE LETTER DATED
26.03.2025 SENT BY THE 3RD RESPONDENT
TO THE 5TH RESPONDENT.
Exhibit-P18 TRUE COPY OF THE REPRESENTATION DATED
28.03.2025 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.
