A writ petition was filed regarding road work specifications and timing. The Court ordered the Corporation to complete the road work and file an action taken report by 31.8.2009.
The writ petition is allowed. The Corporation is directed to complete the road work and file an action taken report before the Registrar General of this Court on or before 31.8.2009.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931
WP(C).No. 3085 of 2009(P) ------------------------------------
PETITIONER(S):
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1. HAPPY CHACKOCHAN ,AGED 41 YEARS, W/O.CHACKOCHAN P,THAYIL HOUSE, L.F.GARDEN, PACHALAM P.O.,KOCHI 682 012, SECRETARY,L.F.GARDEN RESIDENT'S ASSOCIATION,K.B.M AVENUE ROAD, OPP. POTTAKUZHI ROAD, PACHALAM PO,KOCHI 682 012.
2. THE SKYLINE FLORENTO APARATMENT OWNERS ASSOCIATION, A BODY REGISTERED UNDER THE CHARITABLE SOCIETIES REGISTRATION ACT, FLORENTO APARTMENT, K.B M AVENUE ROAD,OPP. POTTAKUZHI ROAD,PACHALAM PO, KOCHI 682 012., REP.BY ITS SECRETARY M.JAYAKRISHNAN, AGED 37 YEARS, S/O.LATE T.VASUDEVAN, IA,SKYLINE FLORENTO APARTMENT, POTTAKUZHI ROAD, PACHALAM P.O., KOCHI-682 012.
BY ADV. MR.SHAJI P.CHALY
MR.R.SANJITH
RESPONDENT(S):
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1. STATE OF KERALA REPRESENTED BY THE SECRETARY, LOCAL ADMINISTRATION SECRETARIAT, THIRUVANANTHAPURAM.
2. THE SECRETARY, CORPORATION OF KOCHI, PARK AVENUE, ERNAKULAM.
3. THE CHIEF ENGINEER
4. THE OMBUDSMAN, LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.
R1 & R4 BY GOVERNMENT PLEADER MR.MATHEW VADAKKEL R2 & R3 BY ADV. MR.M.K.CHANDRAMOHAN DAS,SC,COCHIN COPN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Rs/
THOTTATHIL B.RADHAKRISHNAN, J.
W.P(C).No.3085 OF 2009
Dated this the 1st day of June, 2009
JUDGMENT
This case relates to a particular road branching off from the Pottakkuzhy-Pachalam road. It is submitted that following the earlier orders, work in relation to the road in question is being taken up on a war footing. The onset of monsoon would obviously impair the bitumen surfacing of any road. The materials on record show that there is some improvement in the work and it is stated by counsel appearing on all sides that the work appears to be in progress. I would however wonder as to why the technical sanction for the work in question got delayed till 4.2.2009, leaving hardly less than two months for the end of that financial year, leading, may be, even to the lapsing of alloted funds. More important is the fact that such decision for a road work has been taken as if the corporation authorities have absolutely no idea about the probable onset of the monsoon, going by the normal geographical situation available in this part of the State. While it is not for this Court to inject any administrative wisdom to the
WPC.3085/09
Page numbers
authorities in the corporation, one thing is certain, viz., that the expenditure is ultimately met from the public funds. There has to be a very vigilant control in the use of such funds rather than permitting unnecessary expenditure. Taking all relevant factors into consideration, it is ordered that the work in relation to the road in question shall be completed and an action taken report filed by the corporation before the Registrar General of this Court on or before 31.8.2009 without fail. The writ petition is ordered accordingly.
Sd/-
THOTTATHIL B.RADHAKRISHNAN, Judge.
kkb.2/6.
1 issue framed by the court
Whether the Corporation authorities are ordered to complete road work and file an action taken report.
HAPPY CHACKOCHAN and THE SKYLINE FLORENTO APARATMENT OWNERS ASSOCIATION
STATE OF KERALA
THE SECRETARY, CORPORATION OF KOCHI
THE CHIEF ENGINEER, CORPORATION OF KOCHI
THE OMBUDSMAN
THOTTATHIL B.RADHAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
