Petitioners questioned bridge construction plans lacking land surveys for approach roads, claiming road safety risks. Court directed the Chief Engineer to consider the petitioners representation within two months.
Direction to the 2nd respondent to take up Ext.P6 representation and take a decision expeditiously within two months with notice to petitioners.
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.
WP(C) NO. 4540 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943 WP(C) NO. 4540 OF 2021
PETITIONER/S:
1 K.D.ASOKAN AGED 61 YEARS S/O.DAMODARAN, KARANATH VEEDU, NELLAYI P.O., THRISSUR DISTRICT, PIN - 680 305.
2 LATHA P.P. AGED 53 YEARS W/O.K.D.ASOKAN, KARANATH VEEDU, NELLAYI P.O., THRISSUR DISTRICT, PIN - 680 305.
BY ADVS. K.B.PRADEEP SHRI.HARISANKAR R SMT.PRIYA MARY P.L.
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT, GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
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SMT A.C VIDHYA, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The 1st petitioner claims that he is having right, title and possession over property having an extent of about 2 cents which abuts the National Highway. The respondents have obtained administrative sanctions to construct the Nellayi Lift Irrigation Kadavu Bridge. The petitioner contends that if the bridge is built as per the approved design specifications, it is likely to cause serious road safety issues. Reference is also made to certain communications addressed by the Chief Engineer (Designs) to the Chief Engineer (Bridges). According to the petitioners before opting for the new alignment, the respondents did not conduct any survey of land required for the bridge and also for the approach roads. In the said circumstances, he has lodged Ext.P6 representation before the 2nd respondent. Though various other reliefs are claimed, when the matter came for consideration, the limited prayer sought for by the learned counsel appearing for the petitioners is for an expeditious consideration of Ext.P6 representation in a time-bound manner.
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taken note of while finalising the alignment of the bridge. However, it is submitted that now that Ext.P6 is pending consideration before the Chief Engineer, there is no impediment in considering the same and passing appropriate orders.
two months from the date of production of a copy of this judgment.
with this judgment before the 2nd respondent for further action.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
NS
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APPENDIX OF WP(C) 4540/2021
PETITIONERS EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 10/03/2020. EXHIBIT P2 TRUE COPY OF THE LETTER DATED 06/08/2019 FROM R-3 TO R-2. EXHIBIT P3 TRUE COPY OF THE LETTER DATED 25/11/2019 BY R-2 TO R-3. EXHIBIT P4 TRUE COPY OF THE QUERY UNDER THE RTI ACT DATED 29/12/2020. EXHIBIT P5 TRUE COPY OF THE REPLY DATED 21/01/2021 TO EXHIBIT P4 QUERY. EXHIBIT P6 TRUE COPY OF THE COMPLAINT ALONG WITH A SKETCH BY THE 1ST PETITIONER TO R2.
RESPONDENTS EXHIBITS:NIL
2 issues framed by the court
Whether the construction of a bridge proposed without prior land survey for approach roads warrants expeditious consideration of a representation.
Whether administrative sanctions for bridge construction without conducting necessary surveys for approach roads justify a direction for time-bound examination of a petitioners representation.
K.D. Asokan
Latha P.P.
State of Kerala represented by Secretary, Public Works Department
Chief Engineer (Bridges)
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
