Petitioner challenged diversion of funds for road construction via writ petition. Court examined work lists finding the specific road was not sanctioned or funded. Petition dismissed for lack of sustainability.
Writ petition dismissed as there was no material to show the road was permitted or funded.
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 A.M.SHAFFIQUE
THURSDAY, THE 21ST DAY OF MARCH 2013/30TH PHALGUNA 1934
WP(C).No. 463 of 2013 (G)
PETITIONER:
K.PREMKUMAR
S/O.GOVINDAN NAIR, KOLLAMPATTU HOUSE, MANALAYA POST ANAMANGAD, MALAPPURAM-679 357.
BY ADVS.SRI.THOMAS T.VARGHESE
SRI.N.SASI SMT.T.M.BINITHA
RESPONDENTS:
1. PWD ROADS & BRIDGES REPRESENTED BY THE EXECUTIVE ENGINEER MANJERI. 676 121.
2. THE ASSISTANT ENGINEER, PWD ROADS & BRIDGES, PERINTHALMANNA. 679 322.
3. SECRETARY, ALIPARAMBA GRAMA PANCHAYATH, THOTTA.P.O MALAPPURAM. 679 357.
R1, R2 BY GOVERNMENT PLEADER SRI.NOUSHAD THOTTATHIL R3 BY ADVS.SRI.T.SETHUMADHAVAN
SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-03-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VK
WP(C).No. 463 of 2013 (G)
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1- TRUE COPY OF THE LIST ISSUED BY THE 2ND RESPONDENT TO 3RD RESPONDENT.
EXT.P1P2- TRUE COPY OF THE REPRESENTATION GIVEN TO THE 2ND RESPONDENT. EXT.P1P3- TRUE COPY OF THE MALAYALA MANORAMA PAPER CUTTING DATED 31.10.2012.
EXT.P1P3(A)- TRUE COPY OF THE KERALA KAUMUDI PAPER CUTTING DATED 3.11.2012. EXT.P1P3(B)- TRUE COPY OF THE MADHYAMAM PAPER CUTTING DATED 3.11.2012. EXT.P1P3(C)- TRUE COPY OF THE DESHABHIMANI PAPER CUTTING DATED 3.11.2012.
RESPONDENTS' EXHIBITS : ---------------------
EXT.R2(A). COPY OF THE ORDER NO.CE/R&B/TFMNJ-2012-13 DATED 20.07.2012. EXT.R2(B). COPY OF THE PANCHAYATH RESOLUTION NO.1(4)/2012 DATED 29.10.2012 WITH COVERING LETTER EXT.R2(C). COPY OF THE COMPLAINT RECEIVED BY THE ASSISTANT EXECUTIVE ENGINEER. EXT.R3(A). COPY OF THE LIST APPROVED BY THE CHIEF ENGINEER, ROADS & BRIDGES, PWD THIRUVANANTHAPURAM.
ANNEXURE R2(2). COPY OF THE COVERING LETTER ISSUED BY THE EXECUTIVE ENGINEER, PWD (ROADS & BRIDGES) DIVISION, MANJERI DTD. 11.09.12.
/ TRUE COPY /
P.A. TO JUDGE
VK
**A.M.SHAFFIQUE, J * * * * * * * * * * * * *** W.P.C.No.463 of 2013
Dated this the 21st day of March 2013
J U D G M E N T
The petitioner, a resident of the Aliparambu Grama Panchayath complains that funds allotted for construction of a road namely Ponothukunnu - Nethaji Road had been diverted for other purposes. In a communication issued by the Assistant Engineer, P.W.D (Roads) Section, Perinthalmanna to the Secretary of the Panchayath at Ext.P1, eight roads were mentioned. Item No.8 is written as Veerankuttypadi - Moochikunnu-Ponothukunnu and Nethaji Road -Chelamala Road. Ponothukunnu and Nethaji Road had been struck off from the list and it is initialed as well. Apparently Ext.P1 does not contain the said road.
W.P.C.No.463 of 2013
2
order issued by the Chief Engineer, Roads and Bridges, PWD, Thiruvananthapuram. 32 roads are specified in the list of non-plan works annexed to Ext.R3(a). Item No.30 would show Veerankuttyppadi - Moochikkunnu - Chelamala road in Aliparamba Panchayath. Apparently the sector between Ponothukunnu - Nethaji Road is not mentioned in Ext.R3(a) list of roads. This was issued on 20/07/2012 and it is based on Ext.R3(a) that Ext.P1 came to be issued. Therefore the contention of respondents 2 and 3 is that Ponothukunnu - Nethaji Road was not part of the proposal and no funds had been allotted in this regard.
W.P.C.No.463 of 2013
3
In that view of the matter, I find no merits in the writ
petition. Hence the writ petition is dismissed.
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
jsr
W.P.C.No.463 of 2013 4
W.P.C.No.463 of 2013 5
2 issues framed by the court
Whether the petitioner establishes that funds allotted for the Ponothukunnu - Nethaji Road were diverted despite lack of correspondence in sanctioned work lists.
Whether there is evidence of material showing the road was permitted to be constructed and funded.
K.PREMKUMAR
PWD ROADS & BRIDGES REPRESENTED BY THE EXECUTIVE ENGINEER MANJERI
THE ASSISTANT ENGINEER, PWD ROADS & BRIDGES, PERINTHALMANNA
SECRETARY, ALIPARAMBA GRAMA PANCHAYATH
A.M. SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
