In a writ petition concerning a delayed drain construction, the Kerala High Court directed the Executive Engineer to complete the work within four months after a survey.
Direction to the 2nd respondent to conduct a survey and complete the drain construction work within four months.
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 T.R.RAMACHANDRAN NAIR
TUESDAY, THE 12TH DAY OF JUNE 2012/22ND JYAISHTA 1934
WP(C).No. 4093 of 2012 (J)
PETITIONER(S):
THOMAS OOMMEN @ KUNJUMON, AGED 65, S/O.OOMMEN THOMAS, MUTHOOT.S.COTTAGE, MULAKUZHA, MULAKUZHA P.O., CHENGANNUR TALUK, ALAPPUZHA DISTRICT, 689 505.
BY ADVS. SRI.ABRAHAM SAMSON, SMT.LOVELY SAMSON.
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1.
2. EXECUTIVE ENGINEER,
3. PATI BEL, J.V. PROJECT OFFICE,
AIANI VILAYIL, KRIPA BHAVAN,
R1 & R2 BY GOVT. PLEADER MR.MOHAMMED SHAH.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 4093 of 2012 (J)
APPENDIX
PETITIONER'S EXHIBITS:-
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
T.R. RAMACHANDRAN NAIR, J.
--------------------------------------W.P.(C) No.4093 OF 2012
Dated this the 12th day of June, 2012.
J U D G M E N T
The petitioner seeks for a direction to the respondents to restart the construction of the drain opposite to the Village Office, Mulakuzha near the property of the petitioner.
fact that unless the work is completed, there is a chance of the area being flooded during monsoon. Work has already been completed on two sides leaving the work in question left unattended.
completing the work, a proper survey will have to be conducted
W.P.(C) No.4093/2012
2
and the total length of the drain in the said area is 125 metres. The delay occurred since certain neighbouring owners raised a
dispute.
petitioner.
Accordingly, there will be a direction to the 2nd respondent to take necessary steps to conduct a survey if required and complete the work within a reasonable time, at any rate, within a period of four months from the date of production of a copy of this judgment.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR JUDGE
smp
1 provisions across 1 enactments
Thomas Oommen @ Kunjumon
State of Kerala
Executive Engineer, Kerala State Transport Project
Pati Bel, J.V. Project Office
T.R. Ramachandran Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
