Disposed

Varghese M.P., v. the Principal Secretary to Govt.

Kerala HC8 Dec 2021WP(C)/10730/2021

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a direction to complete a road construction project. The court relied on the respondents' representation that the work was nearly complete and disposed of the petition by directing the competent authority to complete the work expeditiously.

What did the court decide?

The court disposed of the writ petition directing the competent authority to complete the road work as expeditiously as possible.

Varghese M.P., Vs the Principal Secretary to Govt. — Kerala HC (2021) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

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WEDNESDAY, THE 8^TH DAY OF DECEMBER 2021 / 17TH AGRAHAYANA, 1943

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WP(C) NO. 10730 OF 2021

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PETITIONER/S:

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VARGHESE M.P., AGED 71 YEARS S/O. PATHROSE, RESIDING AT MARIYIL HOUSE, NELLADU, NELLADU P.O., ERNAKULAM, DISTRICT-686 669

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BY ADV P.P.RAJESH

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RESPONDENT/S:

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1 THE PRINCIPAL SECRETARY TO GOVT., PUBLIC WORKS DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2 THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, SREEBALA BUILDING, TC 11/339, 5TH FLOOR, KESTONE ROAD, NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM-695 003

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3 THE CHIEF EXECUTIVE OFFICER, KERALA INFRA STRUCTURE INVESTMENT FUND BOARD, KIIFB, 2ND FLOOR, FELICITY SQUARE, MG ROAD, STATUE, THIRUVANANTHAPURAM-695 001

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4 PROJECT DIRECTOR, PROJECT MANAGEMENT UNIT, KERALA ROAD FUND BOARD, SREEBALA BUILDING, TC 11/339, 5TH FLOOR, KESTONE ROAD, NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM-695 003

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5 THE CHIEF ENGINEER (ROADS), PUBLIC WORKS DEPARTMENT, PUBLIC OFFICE COMPLEX, MUSEUM P.O., THIRUVANANTHAPURAM-695 033

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6 THE EXECUTIVE ENGINEER, OFFICE OF THE ROADS DIVISION, PWD,

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WP(C) NO. 10730 OF 2021

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MUVATTUPUZHA-686 661

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7 THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANADU, ERNAKULAM-682 030

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8 P.N.SHANAVAS PROPRIETOR, DEENS GROUP, DOOR NO.23/130 D2, 2ND FLOOR, MARVEL PLAZA, HMT ROAD, KALAMASSERY, ERNAKULAM-683 104

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BY ADVS. SHRI.K.V.MANOJ KUMAR, SC, KERALA ROAD FUND BOARD PHILIP T.VARGHESE THOMAS T.VARGHESE ACHU SUBHA ABRAHAM V.T.LITHA K.R.MONISHA SHRUTHI SARA JACOB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 10730 OF 2021

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P.V.KUNHIKRISHNAN, J.

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===================

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WP(C) No. 10730 OF 2021

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===================

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Dated this the 08^th day of December 2021

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J U D G M E N T

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The above of writ petition is filed with the following

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prayers;

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“ i. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 to 7 to take immediate and time bound action to complete the works undertaken by the 8^th respondent for the construction of Manakkakadavu – Kizhakkambalam – Pattimattom – Nelladu Road, in Ernakulam Thekkady Road.

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ii. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 2 to 6 to take necessary and immediate action for the repair and maintenance of the said road.

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iii. Issue such other reliefs as this Hon'ble Court may deem just and proper in the facts and circumstances of the case.”

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The writ petition is filed for the direction to

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respondents 1 and 7 to take immediate and appropriate

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action to complete the work as per Ext.P2 agreement for the

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WP(C) NO. 10730 OF 2021

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construction of Manakkakadavu – Kizhakkambalam – Pattimattom – Nelladu Road (in Ernakulam Thekkady Road) in Ernakulam District within a time bound period. It is the case of the petitioner that the 8^th respondent was awarded the work as early as on 20.07.2018 as per Ext.P2 agreement. Even though Ext. P3 notice was issued to proceed with the work he has not completed the work and hence the road work is not completed even now.

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Heard the learned counsel for the petitioner and the learned Senior Government Pleader.

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The learned Government Pleader after getting instructions submitted that, there are three stretches in the work and the two stretches has been almost completed and as far as the urgent work in the 3^rd stretch is concerned, a tender is invited and the proceedings is going on and the tender proceedings will be completed within one week. The learned Government Pleader assured this Court that, every steps will be taken to complete the work as expeditiously as

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WP(C) NO. 10730 OF 2021

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possible.

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In the light of the above submissions, I think, this writ petition can be disposed based on the afore statement. Therefore, this writ petition is disposed of directing the competent authority among the respondents to complete the work as expeditiously as possible.

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Sd/-

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P.V.KUNHIKRISHNAN

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JUDGE

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WP(C) NO. 10730 OF 2021

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APPENDIX OF WP(C) 10730/2021

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF ORDER NO.APR-1/0/2018 KIIFB DATED 05.03.2018 ISSUED BY THE 3RD RESPONDENT

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EXHIBIT P2 TRUE COPY OF THE AGREEMENT NO.26/PWD004114/PD/PDMU-KRFB/2018-19 DATED 20.07.2018

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EXHIBIT P3 TRUE COPY OF THE NOTICE NO.56/PWD004114/PD/PDMU-KRFB/137R/MVPA/2017 DATED 20.07.2018

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EXHIBIT P4 PHOTOGRAPHS OF THE VARIOUS ROADS, 5 NOS EXHIBIT P5 TRUE COPY OF THE NEWS PAPER REPORT OF THE ROAD EXHIBIT P6 TRUE COPY OF THE GENERAL CLAUSES OF THE CONTRACT EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DTD 13.04.2021

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// True Copy // PA To Judge

Varghese M.P., v. the Principal Secretary to Govt.

Case brief

What is this about?

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Varghese M.P., v. the Principal Secretary to Govt.

Case brief

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