Full Judgment
WP(C) NO. 24903 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 WP(C) NO. 24903 OF 2023 PETITIONER/S: G. SURENDRAN AGED 63 YEARS S/O. LATE A. GOVINDAN, CONTRACTOR, PLAVARATHALA PUTHEN VEEDU, ST. MARY'S BUILDING, KANNARAVILA, NELLIMOODU P.O., THIRUVANANTHAPURAM DISTRICT., PIN - BY ADVS. BABU JOSEPH KURUVATHAZHA ARCHANA K.S. MOHAMMED SHAFI.K NOEL EALIAS HRISHIKRISHNAN RESPONDENT/S:
1 KERALA STATE RURAL ROADS DEVELOPMENT AGENCY LOCAL SELF GOVERNMENT (RD) DEPARTMENT, 3RD FLOOR, REVENUE COMPLEX, PUBLIC OFFICE COMPOUND, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS CHIEF ENGINEER., PIN - 695033 2 CHIEF ENGINEER KERALA STATE RURAL ROADS DEVELOPMENT AGENCY, LOCAL SELF GOVERNMENT (RD) DEPARTMENT, 3RD FLOOR, REVENUE COMPLEX, PUBLIC OFFICE COMPOUND, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM., PIN - 695033
3 EXECUTIVE ENGINEER PMGSY, PROGRAMME IMPLEMENTATION UNIT, DISTRICT WP(C) NO. 24903 OF 2023 2 PANCHAYAT, THIRUVANANTHAPURAM., PIN - 695004 4 KERALA WATER AUTHORITY (KWA) JALA BHAVAN, NANDAVANAM, VELLAYAMBALAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 695033 OTHER PRESENT: SRI. P.M.JOHNY, SC (KWA) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 24903 OF 2023 3 P.V.KUNHIKRISHNAN, J --------------------------------------- W.P.(C.) No. 24903 of 2023 -------------------------------------- Dated this the 1st day of August, 2023
JUDGMENT
The above writ petition is filed with following prayers : “(i) Issue a writ of mandamus or any other appropriate writ,
order or direction commanding the 1st respondent to discharge
the petitioner from the maintenance obligation of the road, involved in the Agreement No.4/CE-KSRRDA/2016-17 dated 8.3.2017, executed with the 1st respondent, forthwith.
(ii) Issue a writ of mandamus or any other appropriate writ,
order or direction, commanding the 1st respondent to consider
and dispose of Ext.P4 representation, forthwith with notice to the petitioner.
(iii) Issue such other writ, order or direction which may deem fit in the facts and circumstances of the case.
(iv) Dispense with the translation of the document produced in the vernacular language.” [SIC]
2. The petitioner is challenging the delay on the part of
the 1st respondent in relieving the petitioner from the maintenance agreement for the remaining two years. According WP(C) NO. 24903 OF 2023 4 to the petitioner, the maintenance period is 5 years. After 3 years, Kerala Water Authority in connection with laying of pipes cut open the road. Therefore, the petitioner want to relieve from the maintenance agreement. The petitioner submitted Ext.P4 before the 1st respondent. The grievance of the petitioner is that the same is not considered.
3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the 4th respondent.
4. After hearing both sides, I think this writ petition
itself can be disposed of directing the 1 st respondent to consider Ext.P4 with notice to the petitioner. Therefore, this writ petition is disposed of with the following directions : 1) The 1st respondent is directed to consider and pass appropriate orders in Ext.P4, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. WP(C) NO. 24903 OF 2023 5 2) The petitioner will produce a certified copy of this
judgment along with a copy of this writ petition
before the 1st respondent for compliance. Sd/- P.V.KUNHIKRISHNAN JUDGE WP(C) NO. 24903 OF 2023 6 APPENDIX OF WP(C) 24903/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER OF ACCEPTANCE PACKAGE NO.KR-12-85 DATED 23.2.2017 ISSUED BY THE 2ND RESPONDENT. Exhibit P2 TRUE PHOTOGRAPHS EVIDENCING THE DAMAGES CAUSED TO THE ROAD, WHICH IS UNDER THE MAINTENANCE CONTRACT WITH THE PETITIONER FOR 5 YEARS, BY THE OFFICIALS UNDER THE 4TH RESPONDENT. Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 1.7.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 7.7.2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.