Petitioner, a former municipality chairman, approached the High Court apprehending accidents due to unsafe construction of Edayar Bridge and approach road. Court permitted fresh representation and directed inspection.
Petitioner allowed to submit fresh representation within two weeks; 5th respondent directed to cause site inspection.
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 V.G.ARUN
MONDAY, THE 10TH DAY OF OCTOBER 2022 / 18TH ASWINA, 1944
WP(C) NO. 23322 OF 2022
PETITIONER:
ROY ABRAHAM AGED 59 YEARS S/O.N.I.ABRAHAM, CHATHAM THADATHIL HOUSE, EDAYAR P.O., KOOTHATTUKULAM, ERNAKULAM DISTRICT, PIN - 686 662.
BY ADVS. P.M.JOSHI SIJI K.PAUL ELIZABETH KOSHY BONNY BABY
RESPONDENTS:
W.P.(C). 23322/2022
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GP SRI. APPU P.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). 23322/2022
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JUDGMENT
Dated this the 10th day of October, 2022
The petitioner is a resident of Edayar in Koothattukulam and was Chairman of the Koothattukulam Municipality during 2019-2020.
W.P.(C). 23322/2022
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After hearing the Counsel on either side, I am of the opinion that the petitioner's apprehension can be allayed by permitting him to submit a fresh representation before the 6th respondent within two weeks and directing the 5th respondent to cause an inspection to be conducted at the site and consider the aspects highlighted by the petitioner. Ordered accordingly.
The petitioner shall produce a copy of this writ petition along with certified copy of the judgment to effectuate proper consideration of his representation.
W.P.(C). 23322/2022
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This writ petition is disposed of as above.
Sd/-
V.G.ARUN
JUDGE
sb
The penultimate paragraph of the judgment dated 10.10.2022 in WPC 23322/2022 is corrected as “After hearing the Counsel on either side, I am of the opinion that the petitioner's apprehension can be allayed by permitting him to submit a fresh representation before the 6th respondent within two weeks and directing the 6th respondent to cause an inspection to be conducted at the site and consider the aspects highlighted by the petitioner. Ordered accordingly.
Sd/-
Joint Registrar
W.P.(C). 23322/2022
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APPENDIX OF WP(C) 23322/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE PWD MINISTER. Exhibit P2 THE TRUE COPY OF THE REPLY WITH LETTER DATED 23/6/2022 ISSUED BY 5TH RESPONDENT TO 3RD RESPONDENT. Exhibit P3 THE TRUE COPY OF THE PHOTOGRAPH SHOWING THE BRIDGE AND APPROACH ROAD. Exhibit P4 THE TRUE COPY OF THE MALAYALA MANORAMA DAILY DATED 9/6/2022. Exhibit P5 THE TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT BY THE PETITIONER. Exhibit P6 THE TRUE COPY OF THE REPRESENTATION DATED 13/7/2022 SUBMITTED TO THE 4TH RESPONDENT BY THE PETITIONER. EXHIBIT P7 THE TRUE COPY OF THE REPRESENTATION DATED 137-2022 SUBMITTED TO THE 6TH RESPONDENT BY THE PETITIONER. EXHIBIT-P8 THE TRUE PHOTOGRAPHS SHOWING THE STEPS AND SET APARTED STRIP EXHIBIT-P9 EXHIBIT-P9 THE TRUE PHOTOGRAPHS SHOWING THE RAMP AND STEPS RESPONDENTS' EXHIBITS Exhibit R5(a) Copy of letter no A9(CM)-2018-19 dated 23-062022 EXHIHIT R5(b) TRUE COPY OF PHOTOGRAPHS SHOWING THE DIMENSIONS.
1 issue framed by the court
Whether the petitioner's apprehension regarding safety of the newly constructed bridge can be allayed by directing an inspection.
ROY ABRAHAM
THE STATE OF KERALA
CIMMI GEORGE
V.G.ARUn
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
