Petitioner sought writ commands to repair State Highway 63. The respondent department filed a statement indicating repair work commenced. Court called the petition infructuous.
Disposal by treating the writ petition as infructuous due to departmental action.
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.
W. P. (C) No. 3235 of 2019 -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 8TH DAY OF MARCH 2022 / 17TH PHALGUNA, 1943 WP(C) NO. 3235 OF 2019
PETITIONER:
JOHNSON K.J.@ JOHNY VYPEEN, AGED 47 YEARS
S/O. JOSEPH, KAITHAVALAPPIL HOUSE, HOUSE, FORT VYPEEN, AZHEEKKAL P.O, ERNAKULAM DISTRICT. BY ADV AJITH GEORGE
RESPONDENTS:
SRI. TEK CHAND, SR GP FOR RESPONDENTS
W. P. (C) No. 3235 of 2019 -2-
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W. P. (C) No. 3235 of 2019 -3-
J U D G M E N T
S. Manikumar, C.J.
Petitioner has sought for the following reliefs:-
“i. issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to take appropriate steps in order to repair and maintain the state highway 63 Vypeen-Munambam road without any further delay;
ii. to issue a writ of mandamus directing the 2nd , 3rd and 4th respondents to take immediate action upon the Exhibit P-4, P- 5 and P-6 representations and to ensure that the repair work and maintenance of the State Highway 63 without any further delay.”
hereunder:-
“2. It is respectfully submitted that Vypin – Munambam road in Ernakulam District is included in the State Road Improvement Project under the Road Infrastructure Company Kerala Limited (herein after referred as 'RICK' for short). RICK
W. P. (C) No. 3235 of 2019 -4-
has been set up for re-rehabilitation of State Highways and major district roads in the State of Kerala. The RICK has issued a communication dated 17.01.2018, whereby it was stated that the route in question is included in the improvement project and that investigation works are going on. Further, it is stated that the upgradation project will be arranged soon; which includes widening of carriage way, culverts, bridges and construction drains etc. It has also been stated therein that no major works/budget works are to be arranged with respect to the route in question and that only maintenance works are to be arranged in the road to make the road traffic worthy.
(1) O.R. 18-19 Urgent BT patch repair to Vypin - Pallippuram road Ch. 0/000 to 0/500, 1/830 to 2/030, 2/850 to 4/900, 6/370 to 9/300, 10/020 to 10/320 - 15 lakhs.
(2) O/R.2018-19 Urgent BT patch reparis to Vypin Pallippuram road ch.18/000 to 21/500 and 23/500 to 25/500 - 20 Lakhs.
The administrative sanction has been accorded as per Order No. CE/R&B/TF/EKM/18-19 dated 18.09.2018 and Technical sanction is granted vide order No. NJK/1819/8619 dated 12.11.2018 and NJK/2018-19/2018/8668
W. P. (C) No. 3235 of 2019 -5-
dated 12.11.2018. Thereupon, work was tendered two times. However, there was no response to the work tendered. Therefore, some changes were made in the item of work and the same was resubmitted for sanction. The resubmitted estimate was sanctioned for the same amount and work was tender twice. There was no response from any of the contractors for the re-tendered work.
W. P. (C) No. 3235 of 2019 -6-
Placing on record the statement of facts and submissions, instant
writ petition is dismissed as infructuous.
Sd/-
S. MANIKUMAR CHIEF JUSTICE
Sd/SHAJI P. CHALY JUDGE
Eb
///TRUE COPY/// P. A. TO JUDGE
Johnson K.J.
Secretary, Public Works Department
Chief Engineer (Roads)
Chief Engineer, Roads and Maintenance
Executive Engineer, PWD Roads Division
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
