In a public interest writ petition, the petitioner sought direction to release funds for road reconstruction. Respondent Government Pleader filed a statement confirming work on the Chenkal road has commenced. The petition was disposed of as meritless.
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 THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 3RD DAY OF OCTOBER 2023 / 11TH ASWINA, 1945
WP(C) NO. 19372 OF 2023
PETITIONER/S:
G. SAKTHIDHARAN
AGED 52 YEARS
S/O GOPALAKRISHNAN NAIR RESIDING AT SANTHIBHAVAN,
CHENKAL, CHENKAL.P.O , THIRUVANATHAPURAM, PIN - 695132
BY ADVS.
PRATHAP. S.R.K.
MAHENDRAKUMAR K.
ANN OLIVIA VALLAVANADAN
AJITH BHASI
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM, PIN - 6950012 SECRETARY TO THE GOVERNMENT DEPARTMENT OF PUBLIC WORKS SECRETARIAT,THIRUVANANTHAPURAM, PIN - 6950013 CHIEF ENGINEER,KERALA STATE RURAL ROADS DEVELOPMENT AGENCY LOCAL SELF GOVERNMENT (RD) DEPARTMENT, 3RD FLOOR, REVENUE COMPLEX,PUBLICOFFICE COMPOUND, VIKAS BHAVAN.P.O, THIRUVANATHAPURAM, KERALA, PIN - 6950334 SUPERINTENDING ENGINEER KERALA STATE RURAL ROADS DEVELOPMENT AGENCY LOCAL SELF GOVERNMENT (RD) DEPARTMENT, GOVERNMENT OF KERALA, 3RD FLOOR REVENUE COMPLEX, PUBLIC OFFICE COMPOUND, VIKASBHAVAN.P.O, THIRUVANATHAPURAM -KERALA, PIN - 6950335 SECRETARY, CHENKAL GRAMA PANCHAYAT, CHENKAL GRAMA PANCHAYAT OFFICE, UDIYANKULANGARA, AMARAVILA.P.O, THIRUVANANTHAPURAM, KERALA, PIN - 6951226 THE CHIEF ENGINEER, KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, KERALA, PIN - 6950337 THE EXECUTIVE ENGINEER, PRADHAN MANTRI GRAM SADAK YOJANA, IMPLEMENTATION UNIT, TRIVANDRUM DISTRICT PANCHAYATH, THIRUVANANTHAPURAM, KERALA STATE, PIN – 695004WP(C) NO. 19372 OF 2023
BY ADV THOMAS ABRAHAM
SR.GP. SRI. T.K.VIPINDAS
SC FOR KWA SRI. GEORGE JOHNY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.10.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 19372 OF 2023
-3-
JUDGMENT
A.J.DESAI, C.J.
By way of the present petition filed in the public nature, the following prayers have been made.
“a) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 5th respondent to release sufficient fund from the fund already deposited by Jal Jeevan Mission for the reconstruction of Chenkal
– Pirayanmoodu – Avanakkinvila – Mavilakadavur Road to the 7th respondent to continue the work of Chenkal – Pirayanmoodu – Avanakkinvila – Mavilakadavur Road;
b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 7th respondent to start the reconstruction work of Chenkal – Pirayanmoodu – Avanakkinvila – Mavilakadavur Road immediately on receipt of fund from 5th respondent and complete the work in a short spell of time; and c) Pass such other orders as this Honorable Court deems fit and proper in the facts and circumstances of the case.”
WP(C) NO. 19372 OF 2023
-4-
Government Pleader states that the construction work of Chenkal –
Pirayanmoodu – Avanakkinvila – Mavilakadavur Road has commenced. In view of the above statement, nothing survives in this petition.
The writ petition is disposed of accordingly.
Sd/-
A.J.DESAI
CHIEF JUSTICE
Sd/-
V.G.ARUN
JUDGE
uu
03.10.2023
WP(C) NO. 19372 OF 2023
-5-
APPENDIX OF WP(C) 19372/2023
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE PRESS RELEASE DATED
16/06/2021 RELEASED BY PRESS
INFORMATION BUREAU, NEW DELHI ON BEHALF
OF MINISTRY OF JAL SHAKTI
Exhibit P2TRUE COPY OF THE ELECTRONIC TENDER
NOTICE NO. 48/2020-21/KWA/PHC/D2/TVM
DATED 07/09/2020 ISSUED BY THE
SUPERINTENDENTING ENGINEER, KERALA
WATER AUTHORITY, PUBLIC HEALTH CIRCLE,
THIRUVANANTHAPURAM
Exhibit P3TRUE COPY OF THE MINUTES OF EXTRA
ORDINARY MEETING NO. 5(6) DATED
14/08/2020 OF THE CHENKAL GRAMA
PANCHAYAT ALONG WITH ENGLISH
TRANSLATION.
Exhibit P4TRUE COPY OF THE HANDING OVER
CERTIFICATE FOR THE ROAD ISSUED BY THE
5TH RESPONDENT ALONG WITH ENGLISH
TRANSLATION
Exhibit P5TRUE COPY OF THE LAWYER NOTICE DATED
24/01/2023 SENT BY ADVOCATE
AJITHKUMAR.T.S TO THE RESPONDENTS.
Exhibit P6TRUE COPY OF THE EMAIL DATED 18/04/2023
ADDRESSED TO THE PRIME MINISTER'S
OFFICE.
Exhibit P7TRUE COPY OF THE LETTER DATED
18/04/2023 PREFERRED BY THE PETITIONER
TO THE MINISTRY OF RURAL DEVELOPMENT,
GOVERNMENT OF INDIA.
Exhibit P8TRUE COPY OF THE LETTER NO A6 -
137/2022/PIU DATED 05/05/2023 SEND BY
THE 7TH RESPONDENT TO THE 5TH
RESPONDENT ALONG WITH ENGLISH
TRANSACTION
G. Sakthidharan
State of Kerala
Secretary to the Government, Department of Public Works
Chief Engineer, Kerala State Rural Roads Development Agency
Superintending Engineer, Kerala State Rural Roads Development Agency
Secretary, Chenkal Grama Panchayat
A.J.Desai
V.g.arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court