Kerala High Court
Jojo Thomas vs The State Of Kerala Rep. By on 13 January, 2021
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 13TH DAY OF JANUARY 2021/23TH POUSHA, 1942
WP(C).No.6558 OF 2019(T)
PETITIONERS:
1 JOJO THOMAS, AGED 47, S/O. THOMAS,
CHAKINIYANKAL HOUSE, CHEPUKULAM P.O.,
UDUMBANNUR, THODUPUZHA, IDUKKI-685 581.
2 VINOD O. GOPINATH, AGED 42,
S/O. GOPINADHAN, OLIYANIKAL HOUSE,
CHEENIKUZHI P.O., IDUKKI-685 595.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 THE STATE OF KERALA REP. BY
THE SECRETARY TO THE GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE KERALA STATE RURAL ROADS DEVELOPMENT
AGENCY, REP. BY ITS MEMBER SECRETARY,
HAVING ADDRESS TC 28/855, CSI BUILDINGS,
PULIMOOD JUNCTION, THIRUVANANTHAPURAM-695 001.
3 THE SUPERINTENDING ENGINEER,
KERALA STATE RURAL ROAD DEVELOPMENT AGENCY,
HAVING ADDRESS TC 28/855, CIS BUILDINGS,
PULIMOOD JUNCTION, THIRUVANANTHAPURAM-695 001.
4 EXECUTIVE ENGINEER, PROGRAMME IMPLEMENTATION
UNIT (PIU), POVERTY ALLEVIATION UNIT, (PAU),
DISTRICT PANCHAYATH, PAINAVU, IDUKKI-685 608.
5 ACCREDITED ENGINEER/ASSISTANT ENGINEER,
PRIME MINISTER GRAMEENA SADAK YOGANA,(PMGSY),
ELAMDESOM BLOCK, PAINAVU, IDUKKI-685 603.
R1-R5 BY GOVERNMENT PLEADER SMT. DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.6558/2019
:2 :
JUDGMENT
~~~~~~~~~ Dated this the 13th day of January, 2021 The petitioners, who are beneficiaries of Peringasseri-Chepukulam road, are before this Court seeking to direct the respondents to complete the procedure and entrust the work and complete the same in a time bound manner as far as the construction and maintenance of the Peringasseri-Chepukulam road, in the interest of justice.
2. The petitioners would contend that on either side of Peringasseri-Chepukulam road, there are about 150 families residing. Such families have given land as free surrender for development of the road. Surrender was made during the year 2005 and agreement with the contractor was executed in 2009. In the meantime, some disputes arose between the contractor and the Government and the construction was not completed. Even as on date, there is no progress in the WP(C) No.6558/2019 :3 : construction.
3. The learned counsel for the petitioners would submit that the beneficiaries of the road had given free surrender of land incurring substantial loss of property. The road is not completed because of the administrative lethargy. The statutory and fundamental rights of the petitioners are infringed and therefore interference of this Court invoking the powers under Article 226 of the Constitution of India is extremely necessary.
4. The learned Government Pleader filed a statement and an additional statement in the writ petition. The statement would show that pursuant to the contract, construction of culverts, retaining walls and GSB and G2 layers were done before 2011. However, certain disputes arose between the contractor and the Government with regard to unit rate of excavation of hard rock. The contractor filed W.P.(C) No.13821/2012 before this Court. The litigation continued for seven years. During this period, the Department could not move further with the work. Due to the delay in execution of WP(C) No.6558/2019 :4 : work, the already executed road is completely damaged and the work has to be restarted from the initial stage. The statement would proceed to show that the amount required as on date for construction of the Peringasseri-Chepukulam road renovation would be ₹2,39,88,819/-.
5. The learned Government Pleader further pointed out that the construction of this road was undertaken under centrally sponsored PMGSY-I Scheme. The Government of India has directed to complete all PMGSY-I works including the work of Peringasseri-Chepukulam road before 31.12.2020. It was practically impossible for the Government to rearrange and execute the work within the stipulated time due to the litigation which was pending. Now that the period of scheme is over, the funds from the Government of India are unavailable.
6. In such circumstances, the Government will have to reconsider the issue and arrange funds needed for the construction of Peringasseri-Chepukulam road in State Budget. This is a policy matter and this Court may not give WP(C) No.6558/2019 :5 : any positive direction to the Government, contended the learned Government Pleader.
7. I have heard the learned counsel for the petitioner and the learned Government Pleader.
8. It is not in dispute that the respondents had undertaken the Peringasseri-Chepukulam road construction work under the PMGSY-I Scheme. Though the work was started as early in the hear 2011, due to a writ petition filed by the contractor, the work could not be proceeded for about seven years. The litigation went against the Government and this Court directed the Government to pay full amount to the contractor at the rate demanded by him. The judgment of this Court considerably eroded the funds available for the construction of the road. With the funds remaining after complying with the judgment of this Court, the Government could not have completed the road construction.
9. It is discernible from the pleadings that substantial amount of funds are required for completion of road construction. In such circumstances, this Court cannot pass WP(C) No.6558/2019 :6 : any positive direction in the matter. However, this Court hope that since the Government is convinced about the requirement of construction of Peringasseri-Chepukulam road and since the citizens have already surrendered their land for development of the road, due attention will be paid by the respondents for resuming the work without much delay.
Writ petition is disposed of with the above observations.
Sd/-
N. NAGARESH, JUDGE aks/13.01.2021 WP(C) No.6558/2019 :7 : APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE COMMUNICATION BY THE SUPERINTENDENT ENGINEER, KERALA STATE RURAL ROAD DEVELOPMENT AGENCY, THIRUVANANTHAPURAM DATED 12.3.09 EXHIBIT P2 A TRUE COPY OF THE NOTICE ISSUED AT THE BEHEST OF THE SUPERINTENDING ENGINEER, KSRRDA DATED 12.3.09 EXHIBIT P3 A TRUE COPY OF THE AGREEMENT ENTERED INTO WITH THE CONTRACTOR DATED 12.3.09 EXHIBIT P4 A TRUE COPY OF THE JUDGMENT BY THIS HON'BLE COURT WP(C) NO. 13821 OF 12 DATED 21.10.2015 EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE DEVELOPMENT AGENCY DATED NIL.
EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION OF THE CHIEF ENGINEER, KSRRDA DATED 4.10.2018