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K. K. Karunakaran vs State Of Kerala
2025 Latest Caselaw 5887 Ker

Citation : 2025 Latest Caselaw 5887 Ker
Judgement Date : 21 August, 2025

Kerala High Court

K. K. Karunakaran vs State Of Kerala on 21 August, 2025

                                                          2025:KER:64267
W.P(C)No.11961 of 2023
                                    1


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

          THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR

                                    &

                THE HONOURABLE MR.JUSTICE BASANT BALAJI

    THURSDAY, THE 21ST DAY OF AUGUST 2025 / 30TH SRAVANA, 1947

                         WP(C) NO. 11961 OF 2023

PETITIONERS:

     1       K. K. KARUNAKARAN, AGED 70 YEARS, S/O.KUNJUKOCH,
             KALLOOPARAMBIL HOUSE, MUKKULAM, MUKKULLAM EAST P.O.,
             KOKKAYAR PANCHAYATH, KOTTAYAM., PIN - 686514

     2       VARKEY CHACKO, S/O OF CHACKO, VYALIL HOUSE, ELAMKADU
             P.O., KOOTTICKAL, KOTTAYAM., PIN - 686512

     3       REV. FR. JINO VAZHAYIL
             VICAR, ST. JUDE CHURCH, YENDAYAR, MUKKULLAM, MUKKULLAM
             EAST P.O., KOTTAYAM., PIN - 686514

     4       K. K. SAJU
             S/O KRISHNANKUTTY, SECRETARY,SNDP, BRANCH. NO. 1235,
             MUKKULAM BRANCH, IDUKKI - 635111, PIN - 686514

     5       P. V. VISWANATHAN, S/O VASUDEVAN, PUTHENPURACKAL
             HOUSE, MEMBER OF WARD NO. XIII, YENDAYAR EAST,
             KOKKAYAR PANCHAYATH, IDUKKI -, PIN - 686514

             BY ADVS.
             SRI.SOORAJ T.ELENJICKAL
             SHRI.RENOY VINCENT
             SMT.HELEN P.A.
             SHRI.ARUN ROY
             SRI.SHAHIR SHOWKATH ALI
             SMT.STEPHANIE SHARON
                                                          2025:KER:64267
W.P(C)No.11961 of 2023
                                 2



RESPONDENTS:



    1    STATE OF KERALA
         REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT,
         GOVERNMENT OF KERALA, SECRETARIAT,
         THIRUVANANTHAPURAM- 695001

    2    CHIEF SECRETARY
         GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-,
         PIN - 695001

    3    ADDITIONAL CHIEF SECRETARY (FINANCE)
         FINANCE DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,
         THIRUVANANTHAPURAM., PIN - 695001

    4    SECRETARY
         PUBLIC WORKS DEPARTMENT,GOVERNMENT OF KERALA,
         SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695001

    5    CHIEF ENGINEER
         PUBLIC WORKS DEPARTMENT (BRIDGES), THIRUVANANTHAPURAM.,
         PIN - 695001

    6    DISTRICT COLLECTOR AND CHAIRPERSON
         DISTRICT DISASTER MANAGEMENT AUTHORITY, COLLECTORATE,
         KUYILIMALA, IDUKKI, PIN - 685603

    7    DISTRICT COLLECTOR AND CHAIRPERSON
         DISTRICT DISASTER MANAGEMENT AUTHORITY, COLLECTORATE,
         KOTTAYAM, PIN - 686002

    8    KOKKAYAR GRAMA PANCHAYAT
         BOYCE ESTATE - KOKKAYAR ROAD, KUTTIPLANGADU, KOKKAYAR,
         IDUKKI , REPRESENTED BY ITS SECRETARY, PIN - 686514

    9    KOOTTICKAL GRAMA PANCHAYAT
         MUNDAKAYAM - KOOTTICKAL ROAD, KOOTTICKAL, KOTTAYAM,
         REPRESENTED BY ITS SECRETARY, PIN - 686514
                                                        2025:KER:64267
W.P(C)No.11961 of 2023
                                  3

          BY ADVS.
          SRI. V. TEKCHAND, SR.GOVERNMENT PLEADER
          SHRI.JOICE GEORGE, SC, KOKKAYAR GRAMA PANCHAYAT
          SRI.ABRAHAM GEORGE JACOB
          SHRI.C.MURALIKRISHNAN (PAYYANUR)
          SRI.JOHNSON MATHEW




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING
ON 21.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                   2025:KER:64267
W.P(C)No.11961 of 2023
                                       4


                                 JUDGMENT

Dated this the 21st day of August 2025

NITIN JAMDAR, C.J.

Heard Mr.V.Tekchand, learned Senior Government Pleader.

2. This petition was filed by the local residents of Idukki and Kottayam in relation to the collapse of 'Yendayar Bridge' which occurred in the year 2021. The bridge was built in the year 1975 across the river Pullakayar at 150 meters from Yendayar Town in Mundakayam-Mukkullam road. The Yendayar bridge connects two districts, namely, Idukki and Kottayam and was the only means of way for the people in the Yendayar East region to reach Yendayar town and the rest of the world.

3. The petition came up on board on 10 April 2023 and the same was admitted and directions were issued to the Secretary to Government, Public Works Department to consider early disposal of the file regarding construction of the bridge.

4. The learned Senior Government Pleader points out on the basis of the communication No.D1/214/2023-PWD dated 7 August 2023 received from the Public Works Department that administrative sanction for an amount of ₹477.90 lakhs towards the re-construction of the collapsed bridge was granted on 6 July 2023 itself. The learned Senior Government Pleader states that pursuant to the administrative sanction, the bridge work has been undertaken and is expected to be completed shortly.

2025:KER:64267

5. After filing of this petition, no additional affidavit has been filed. On the last occasion also, none appeared for the Petitioners. Proceeding on the basis that the issue now stands resolved, we dispose of the petition, reserving liberty to the Petitioners to revive the proceedings in case any grievance survives.

6. The writ petition is accordingly disposed of.

Sd/-

NITIN JAMDAR CHIEF JUSTICE

Sd/-

BASANT BALAJI JUDGE vgd 2025:KER:64267

APPENDIX OF WP(C) 11961/2023

PETITIONERS' EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE RELEVANT PAGES OF THE BUDGET SPEECH FOR THE FINANCIAL YEAR 2022-23 EXHIBIT P2 THE TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT NO.5 TO THE RESPONDENT NO.4 DATED 14.10.2022 EXHIBIT P3 THE TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT NO.5 TO THE RESPONDENT NO.4 DATED 05.11.2022 EXHIBIT P4 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE RESPONDENT NO.4 TO THE 5TH RESPONDENT DATED 08.12.2022 EXHIBIT P5 THE TRUE COPY OF THE REPLY SUBMITTED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT DATED 15.12.2022 EXHIBIT P6 THE TRUE COPY OF THE RTI REPLY RECEIVED BY THE PETITIONER NO.1 DATED 23.02.2023 WITH TRUE ENGLISH TRANSLATION EXHIBIT P7 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS SUBMITTED BEFORE THE RESPONDENT NO.2 DATED 04.03.2023 EXHIBIT P8 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS SUBMITTED BEFORE THE RESPONDENT NO.4 DATED 04.03.2023 EXHIBIT P9 THE PHOTOGRAPHS OF THE COLLAPSED ‘YENDAYAR BRIDGE' RESPONDENTS' EXHIBITS

EXHIBIT R8(A) COPY OF THE RESOLUTION NO. 11(2) DATED 03-05- 2023 OF THE 8TH RESPONDENT GRAMA PANCHAYAT EXHIBIT R 9 (A) TRUE COPY OF THE EXTRACT OF DECISION NO. 9(7) OF THE KOOTTIKKAL GRAMA PANCHAYAT DATED 10/05/2023 EXHIBIT R 9 (B) TRUE COPY OF THE LETTER DATED 05/06/2023 ISSUED BY THE PRESIDENT OF THE 9TH RESPONDENT TO THE 5TH RESPONDENT.

EXHIBIT R 9 (C) TRUE COPY OF THE LETTER DATED 05/06/2023 ISSUED BY THE PRESIDENT OF THE 9TH RESPONDENT TO THE 7TH RESPONDENT.

 
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