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Kerala High Court

Save Alleppey Forum vs The State Of Kerala on 7 March, 2012

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT:

      THE HONOURABLE THE CHIEF JUSTICE MR.MOHAN M.SHANTANAGOUDAR
                                   &
               THE HONOURABLE MR. JUSTICE SATHISH NINAN

        FRIDAY, THE 4TH DAY OF NOVEMBER 2016/13TH KARTHIKA, 1938

                      WP(C).No. 7270 of 2016 (S)
                      ---------------------------


PETITIONER(S):
-------------

            SAVE ALLEPPEY FORUM, (REGN.NO.ALP/TC/411/2014),
            REPRESENTED BY ITS PATRON Dr. G. BALACHANDRAN
            SAKETH, VNRA 46, KALARCODE, ALAPUZHA.


            BY ADV. SRI.M.K.CHANDRA MOHANDAS

RESPONDENT(S):
--------------

          1. THE STATE OF KERALA,
            REPRESENTED BY ITS CHIEF SECRETARY,
            SECRETARIAT, THIRUVANANTHAPURAM - 691 001.

          2. THE KERALA STATE SPORTS COUNCIL,
            REPRESENTED BY ITS SECRETARY,
            THIRUVANANTHAPURAM - 695 001.

          3. THE DISTRICT COLLECTOR,
            COLLECTORATE, ALAPPUZHA - 688 501.


            R1 & 3  BY SR. GOVERNMENT PLEADER SRI. M.A. ASIF
            R2  BY ADV. SMT.LATHA ANAND, STANDING COUNSEL, KERALA
                 STATE SPORTS COUNCIL


       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
       04-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 7270 of 2016 (S)


                               APPENDIX

PETITIONER'S EXHIBITS
---------------------

EXT-P1  :  A COPY OF THE COUNTER AFFIDAVIT FILED BY THE 1ST
           RESPONDENT DATED 7.3.2012


EXT-P2  :  A COPY OF THE JUDGMENT DATED 25.01.2010 IN W.P(C).
           No.25760/2009 ON 25.1.2010.

EXT-P3  :  A COPY OF THE AFFIDAVIT DATED 17.1.2013

EXT-P4  :  A COPY OF THE AFFIDAVIT DATED 27.2.2013.

RESPONDENT'S EXHIBITS
---------------------

     NIL

                                  //  TRUE COPY //

                                                    P.A. TO JUDGE
sou.



                  MOHAN M. SHANTANAGOUDAR, CJ
                                         &
                             SATHISH NINAN, J
           --------------------------------------------------------------
                        W.P(C). No. 7270 of 2016
           ---------------------------------------------------------------
             Dated this the 4th day of November, 2016


                               J U D G M E N T

Mohan M. Shantanagoudar, CJ This public interest litigation is moved to safeguard the interest and welfare of the public in Alappuzha District. A swimming pool by name, 'Raja Kesavadasa Swimming Pool' was constructed for the benefit of the public at large by spending crores of rupees. However, functioning of the said swimming pool is closed around 6 years back. In this connection, a public interest litigation came to be filed as W.P(C). No.25760 of 2009 by one Mr.Francis T. Chacko praying for taking immediate steps for maintenance of the swimming pool and for reopening the same. At that time, a submission was made by the Government that steps are being taken. A Government Order was passed on 15.6.2012 according administrative sanction for renovation of the swimming pool at an estimated cost of Rs.99,43,870/-. However, no progress was made and this writ petition is filed, again for the same relief.

W.P(C).7270/16 2

2. An affidavit of the Chief Secretary dated 26.9.2016 submitted before this Court discloses that the renovation of the swimming pool is being done in full speed and the work will be completed by the end of December, 2016.

3. We do not find any ground to suspect the correctness of the affidavit of the Chief Secretary. Hence the writ petition stands disposed of with a direction to the respondents to complete the renovation of the swimming pool in question by the end of December, 2016.

The writ petition is disposed of accordingly.

Sd/-

Mohan M. Shantanagoudar, Chief Justice Sd/-

Sathish Ninan, Judge sou.5/10.