Kerala High Court
K.C. George vs State Of Kerala Represented By Its
Author: K.Padmanabhan Nair
Bench: S.Siri Jagan, K.Padmanabhan Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
FRIDAY, THE 13TH DAY OF APRIL 2012/24TH CHAITHRA 1934
WP(C).No. 4787 of 2006 (T)
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PETITIONER(S):
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1. K.C. GEORGE, AGED 41 YEARS,
S/O. K.C. CHERIAN, KALLATTU HOUSE, KAVUMPADY,
MUVATTUPUZHA-686 661.
2. SHAJI V.P., AGED 46 YEARS,
S/O. PAULOSE, RESIDING AT VETTUKATTIL HOUSE,
EAST MARADY, MUVATTUPUZHA-686 673.
BY ADVS.SRI.MOHAN JACOB GEORGE
SMT.P.V.PARVATHI
SMT.REENA THOMAS
SRI.VIJAI MATHEWS
RESPONDENT(S):
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1. STATE OF KERALA REPRESENTED BY ITS
CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
TRIVANDRUM.
2. DISTRICT COLLECTOR, ERNAKULAM.
3. SPECIAL TAHSILDAR (LA), KAKKANAD.
4. KERALA STATE TRANSPORT PROJECT (KSTP),
DIVISION OFFICE, REST HOUSE COMPOUND, MUVATTUPUZHA,
REPRESENTED BY ITS EXECUTIVE ENGINEER.
5. CHIEF ENGINEER, KERALA STATE
TRANSPORT PROJECT, TRIVANDRUM.
6. SHEELA ELIAS, W/O. DR.PAUL.T.KUNNATH,
KUNNATH HOUSE, EAST MARADY, MUVATTUPUZHA.
7. V.H. BASHEER, S/O. HASSAN, RAWTHER,
VAKKATHIKALLIL HOUSE, EAST MARADY P.O.,
MUVATTUPUZHA.
sts 2/-
-2-
WP(C)NO.4787/2006
ADDL.R8 IMPLEADED
*R8: THE TEAM LEADER, M/S LOUIS BERGER GROUP INC,
PROJECT CO-ORDINATING CONSULTANCY, TC 47/1795,
2ND FLOOR, RAJADHANI COMPLEX, KILLIPALAM, KARAMANA.P.O.,
THIRUVANANTHAPURAM.
*ADDL.R8 IS IMPLEADED AS PER ORDER DATED 27/3/08 IN WP(C)NO.4787/2006
R1 TO R5 BY GOVERNMENT PLEADER SRI.T.T.MUHAMOOD
R6 & R7 BY ADV. SRI.N.RAGHURAJ
SMT.K.AMMINIKUTTY
ADDL.R8 BY SRI.N.N.SUGUNAPALAN (SR.)
ADV. SRI.S.SUJIN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 13-04-2012, ALONG WITH WP(C).NO. 6979 OF 2006 AND
WP(C).NO. 7573/2006, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
sts
WP(C)NO.4787/2006
APPENDIX
PETITIONER'S EXHIBITS:
P1 COPY OF THE SKETCH
P2 COPY OF THE PETITION SUBMITTED BY THE FIRST PETITIONER ALONG WITH
THE SKETCH SHOWING THE EXISTING, REVISED AND ALTERNATE ALIGNMENT
P3 COPY OF THE EXPLANATION SUBMITTED BY KSTP
P4 COPY OF THE REPLY/SUBMISSION MADE BY THE 1ST PETITIONER DATED
12/08/05.
P5 COPY OF THE NEWS REPORT APPEARED IN DESHABHIMANI DAILY DATED
3/2/2006.
P6 COPY OF THE JUDGMENT DATED 27/9/2005 IN WP(C)NO.25296/2005.
P7 COPY OF THE NOTICE DATED 28/1/2006 ISSUED UNDER SECTION 9(3) OF THE
ACT TO THE FIRST PETITIONER.
P7(A) COPY OF THE NOTICE DATED 28/1/2006 ISSUED UNDER SECTION 9(3) OF THE
ACT TO THE SECOND PETITIONER.
P8 COPY OF THE OBJECTIONS SUBMITTED BY THE PETITIONERS TO EXT.P-7 & P-7
(A) NOTICES.
P9 COPY OF THE LITHO MAP SHOWING THE PROPERTY OF NATESAN
P10 COPY OF THE SAID OBJECTION/PETITION DATED 2/11/2005.
P10(A) COPY OF THE NOTICE DATED 3/1/2006 ISSUED TO THE SECOND PETITIONER
FOR PERSONAL HEARING.
P11 COPY OF THE SECTION 4(1) NOTIFICATION
P12 COPY OF THE SECTION 6(1) NOTIFICATION
P13 COPY OF THE NOTICE ISSUED TO SMT.SHEELA ALIAS
RESPONDENT'S EXHIBITS:
R4(A) COPY OF THE OLD ALIGNMENT
R4(B) COPY OF THE NEW ALIGNMENT.
R4(C) COPY OF THE NEW ALIGNMENT SUPERIMPOSED ON OLD ALIGNMENT
R4(D) COPY OF THE JUDGMENT IN 25296/05
sts 2/-
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WP(C)NO.4787/2006
R4(E) COPY OF THE LETTER TO SPL.TAHASILDAR KAKKANADU DATED 25/6/05.
R4(F) COPY OF THE LETTER TO DISTRICT COLLECTOR EKM DATED 16/7/05
R4(G) COPY OF THE LETTER TO SPL.TAHASILDAR KAKKANADU DATED 24/8/05.
R6(A) COPY OF THE COMBINED SKETCH CONTAINING THE EXISTING ROAD AND
ORIGINAL ALIGNMENT & REVISED ALIGNMENT.
R8(A) COPY OF THE PROFILE SHOWING THE BACK GROUND OF THE RESPONDENT'S
PROFICIENCY
R8(B) COPY OF THE RELEVANT PAGES OF THE AGREEMENT BETWEEN PWD AND THIS
RESPONDENT.
R8(C) COPY OF THE SUMMARY OF THE FEASIBILITY STUDY REPORT.
R8(D) COPY OF THE RELEVANT PAGES OF THE SUMMARY OF THE DESIGN REPORT.
R8(E) COPY OF THE JUDGMENT DATED 11/03/2008 IN WP(C)NO.31789 OF 2006 OF THIS
HON'BLE COURT.
/TRUE COPY/
P.A.TO.JUDGE
sts
K.PADMANABHAN NAIR, J.
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W.P.(C) Nos.4787/2006-T, 6979/2006-E & 7573/2006-B
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Dated, this the 29th day of November, 2007
ORDER
The main grievance of the petitioners in these three writ petitions is that after fixing alignment and issuing notification for acquisition of a smaller extent, due to exertion of political pressure and undue influence, the authorities made substantial change in the alignment and a new alignment was fixed. It is admitted by the State that Louise Berger was appointed as an expert to conduct a project study and submit alignments. It is also admitted that the consultant after conducting a study has submitted alignments and a project study report. The contention now raised is that in respect of this particular area due importance was not given and so all dangerous curves were left as it is without straightening. It is also submitted that the consultant was instructed to look into the defects and black spots. It is further submitted that a detailed study was conducted and a new alignment devoid of all black spots and curves eased were fixed. So it is admitted that the alignment W.P.(C) Nos.4787/2006-T, 6979/2006-E & 7573/2006-B -2- originally proposed by the consultant was unscientific and hence a new alignment is to be fixed. If that be the case, I am of the view that this particular consultant is to be blacklisted with notice to him and if it is legally possible, the consultation fee paid to him is also be recovered. But before taking any decision notice has to be issued to the consultant.
2. So there shall be a direction to the 1st respondent- State represented by the Chief Secretary, Government Secretariat to file an affidavit stating as to whether the alignment originally fixed by the consultant was defective and with black spots. On receipt of such an affidavit, notice will be issued to the consultant and a decision regarding the further orders to be passed in the matter will be taken after hearing the consultant.
3. Communicate a copy of this order to Chief Secretary to Government. Hand over copy to the petitioners and also to respondents. The affidavit shall be filed within one month from today.
Post after one month.
K.PADMANABHAN NAIR, JUDGE jp