Kerala High Court
V.N.Gopinathan Pillai vs The Principal Secretary To Government on 16 November, 2016
Author: Antony Dominic
Bench: Antony Dominic, Dama Seshadri Naidu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE ACTING CHIEF JUSTICE MR.ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY, THE 15TH DAY OF DECEMBER 2017/24TH AGRAHAYANA, 1939
WP(C).No. 34531 of 2017 (S)
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PETITIONER(S):
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V.N.GOPINATHAN PILLAI,
AGED 74 YEARS,S/O.NARAYANAN PILLAI, VALIYATHOTTATHIL HOUSE,
KOTTANGAL.P.O, CHUNGAPPARA, PATHANAMTHITTA DISTRICT,
PIN-684 547.
BY ADV. V.N.GOPINATHAN PILLAI (PARTY IN PERSON)
RESPONDENT(S):
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1. THE PRINCIPAL SECRETARY TO GOVERNMENT,
PWD DEPARTMENT(ROADS DIVISION),SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695 001.
2. THE CHIEF EXECUTIVE ENGINEER,
ROADS AND BRIDGES, PUBLIC OFFICE, MUSEUM.P.O,
TRIVANDRUM, PIN-695 033.
3. ASSISTANT EXECUTIVE ENGINEER,
PWD ROADS DIVISION, OFFICE OF THE ASSISTANT EXECUTIVE
ENGINEER, MALLAPALLY.P.O,
PIN-689 594, PATHANAMTHITTA DISTRICT.
4. SHRI.RAJU ABRAHAM, M.L.A.,
KANDANATTU HOUSE, ANGADY.P.O,PIN-689 674, RANNI,
PATHANAMTHITTA DISTRICT.
R1,R2,R3 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DG
WP(C).No. 34531 of 2017 (S)
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APPENDIX
PETITIONER(S)' EXHIBITS:
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EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT
DATED 16-11-2016.
EXHIBIT P1(a) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P1.
EXHIBIT -P2 TRUE COPY OF THE RELEVANT PAGE OF THE ESTIMATE REPORT OF
THE 3RD RESPONDENT DATED : NIL OBTAINED UNDER RIGHT TO
INFORMATION ACT.
EXHIBIT-P3 TRUE COPY OF UNCERTIFIED COPY OF THE JUDGMENT OF THE
HON'BLE HIGH COURT OF KERALA IN W.P.(C)NO.769/2017, DATED
10.1.2017.
EXHIBIT-P4 TRUE COPY OF THE ORDER BEARING NO.1067-2017/PWD DATED
23.7.2017.
EXHIBIT -P4(a) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P4.
EXHIBIT-P5 TRUE COPY OF THE INFORMATION OBTAINED BY THE PETITIONER
UNDER RIGHT TO INFORMATION ACT BEARING NO.AB2.158/08
DATED 24-11-2016.
EXHIBIT-P5(a) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P5.
EXHIBIT-P6 TRUE COPY OF THE INFORMATION OBTAINED BY THE PETITIONER
UNDER RIGHT TO INFORMATION ACT BEARING DATED 24-11-2016.
EXHIBIT-P6(a) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P6.
EXHIBIT-P7 TRUE COPY OF THE G.O.(P)NO.59/2015/TRAN.DATED 29.09.2015.
EXHIBIT-P8 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT BEARING
NO.1308/2017/PWD DATED 29.08.2017.
EXHIBIT-P8(a) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P8.
EXHIBIT-P9 TRUE COPY OF THE LETTER ISSUED BY THE PRINCIPAL, ASSISI
CENTRE SCHOOL DATED 18.9.2017.
EXHIBIT-P9(a) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P9.
EXHIBIT P10 TRUE COPY OF THE LETTER ISSUED BY THE HEAD MISTRESS NSS
HIGHER SECONDARY SCHOOL DATED 20.9.2017.
EXHIBIT-P10(a) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P10.
EXHIBIT P11 TRUE COPY OF THE LETTER ISSUED BY THE HEAD MASTER
ST.GEROGE'S HIGH SCHOOL DATED 20.9.2017.
EXHIBIT P11(a) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P11.
EXHIBIT P12 TRUE COPY OF THE LETTER ISSUED BY THE HEAD MASTER
ST.JOSEPH'S HIGH SCHOOL DATED 20.9.2017.
EXHIBIT P12(a) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P12.
EXHIBIT P13 TRUE COPY OF THE LETTER ISSUED BY THE MANAGER CARDINAL
PADIYARA PUBLIC SCHOOL DATED 14.9.2017.
EXHIBIT P13(a) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P13.
EXHIBIT P14 TRUE COPY OF THE LETTER ISSUED BY THE ASSISTANT
TRANSPORT OFFICER MALLAPPALLY DATED 18.9.2017.
EXHIBIT P14(a) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P14.
EXHIBIT P15 TRUE COPY OF THE LETTER ISSUED BY THE ST.ANTONY'S
TRAVELS DATED 10.9.2017.
EXHIBIT P15(a) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P15.
EXHIBIT P16 TRUE COPY OF THE LETTER ISSUED BY THE MANAGER
CHRISTHURAUA PUBLIC SCHOOL DATED 20.9.2017.
EXHIBIT P16(a) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P16.
EXHIBIT P17 TRUE COPY OF THE LETTER ISSUED BY THE MANAGER AL-HIND
PUBLIC SCHOOL DATED 14-9-2017.
EXHIBIT P17(a) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P17.
RESPONDENT(S)' EXHIBITS
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ANNEXURE R3(a) TRUE COPY OF THE TECHNICAL SANCTION DATED 22.11.2016
ALONG WITH THE ESTIMATE.
ANNEXURE R3(b) TRUE COPY OF THE ESTIMATE ALONG WITH TECHNICAL
SANCTION DATED 17.08.2017 GRANTED FOR RECONSTRUCTION
OF CULVERT AT MARAMKULAM JUNCTION.
TRUE COPY
P. A TO JUDGE
ANTONY DOMINIC, Ag.CJ
&
DAMA SESHADRI NAIDU, J.
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W.P (C).No.34531 of 2017
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Dated this the 15th day of December, 2017
J U D G M E N T
Antony Dominic, Ag.CJ.
Heard the petitioner, who appeared as party in person and the learned State Attorney appearing for R1 to R3. The prayer in the writ petition is to set aside Ext.P8 and to direct implementation of Ext.P1.
2. Ext.P8 is an order passed by the Government on 29.08.2017, whereby the prohibition/restriction imposed by the Government as per its order dated 23.07.2017 (Ext.P4) was withdrawn. According to the petitioner, there was no justification for withdrawing the prohibition/restriction imposed by the Government and it is on that basis the writ petition has been filed. A reading of Exts.P4 and P5 shows that it was taking into account the dangerous condition of the road in general and the culverts in particular that the prohibition/restriction was imposed by the Government.
W.P.(C) No.34531/2017 2
3. Although the situation then prevailing justified the prohibition/restriction imposed by the Government by way of Ext.P1, a statement has been filed on behalf of the respondents about the repairs that were undertaken after Ext.P4 and before the issuance of Ext.P8.
2. In spite of it, petitioner had reiterated his contention that the roads and culverts were still in dangerous condition. This lead us to pass order dated 15.11.2017, whereby the learned Munsiff of Thiruvalla, within whose jurisdiction the area in question is situated was directed to conduct an inspection and to report to this Court regarding the general condition of the culverts and the roads in question. In compliance with the said order, the learned Munsiff filed report dated 30.11.2017, the contents of which read as under:
"1) In obedience to the O.M.No.W.P.(C) 34531/2017(S) dtd.18.11.2017 of the Hon'ble High Court of Kerala, I personally, after having duly informed the petitioner and the 3rd respondent on 28th of November 2017, visited the Chalappally-Kottangal Bastow-2 Road and Kottangal-Padimon Jacobs Road in the presence of the parties and have, in assertion and execution to the memo, do W.P.(C) No.34531/2017 3 hereby most humbly submits the report.
2. The statements of facts filed by the 3rd respondents in W.P (C).34531/2017(S) it is stated that, on the complaint of the petitioner and the local public the 3rd respondent found it necessary to attend four culverts in the Bestow Road and Jacobs Road which have a total stretch of 9.6 and 7 Kms respectively and is having width of 6 meters. Three of the culverts were renovated and one totally reconstructed. One of the renovated culverts again collapsed and it was also reconstructed. All these culverts were identified and inspected at the instance of the 3rd respondent and the petitioner.
(i) Maramkulam, in the Bastow-2 Road (Chalappally to Kottangal) was the first culvert, which I inspected. It is found that the culvert was firstly renovated but, it collapsed in the month of August, 2017 hence again it was totally reconstructed. The construction was by laying down RR layer on the base upon which a GRB pipe was laid and it was cemented with GRS concrete. Abutment on both sides of the pipe was also constructed. The vertical exterior part on either side of the culvert are visible and seems to be having been W.P.(C) No.34531/2017 4 reconstructed in the above said manner and the exterior part of the pipe is having diameter of one metre and width of 4 inches.
(ii) Secondly, I visited the culvert which is also totally reconstructed at the Homeoppady at Chalappally-Chunkappara Road. The two ends of the culvert is faced opposite to walls of adjacent land owners which shows that there is no outlets to carry the flowing water.
(iii) Thirdly, I visited the
culvert at Chunkappara in front of the
Federal Bank which is renovated by
installing pre-cast slabs on the existing abutment. The western edge of the slabs shows a small gap in the adjoining part of the western side wall of the culvert. The gap is of about one feet over which pipes of water authority and cables of telephone department are drawn.
(iv) Fourth culvert is at
Adangannorpadi in Jacobs Road (from
Kottangal to Padimon). This is also
renovated one. The wall of the culvert on
either side is strengthen with a concrete studd work vertically having width of 25 cm.
This studd work strengthening the side wall of the culvert is for the purpose of supporting a slab which seen move downwards. W.P.(C) No.34531/2017 5 The side wall is further cross-connected with five beams, which is about to one metre downwards from the slab.
3. In the 7th paragraph of the statement of facts filed by the 3rd respondent it is stated that two culverts reconstructed and three culverts were renovated. On visit it is seen that the 1st culvert at Maramkulam junction was renovated thereafter it collapsed in the month of August, 2017, then it was reconstructed as pipe culvert. In effect two reconstruction and two renovation were seems to be done.
Conclusion:-
It was directed to assert whether the statement of facts submitted by the 3rd respondent is factually correct or not, by personally inspecting the place. On inspection it is found that the facts submitted by the 3rd respondent is factually correct. Altogether two culverts at Maramkulam and Homeoppady in Bastow Road-2 were reconstructed and one culvert in front of the Federal Bank at Chunkappara and one culvert at Adangannorpadi in Jacob's Road (Kottangal-Padimon) were renovated.
At the first instance 3rd respondent renovated three culverts and reconstructed one. Thereafter one of the renovated culvert W.P.(C) No.34531/2017 6 at Maramkulam dilapidated. It was also reconstructed."
3. When the matter came up for orders before this Court on 04.12.2017 the petitioner made available certain photographs, which according to him, proves that the situation is not improved in any manner. These photographs were handed over to the learned State Attorney with a direction to enquire into the correctness of the assertion made by the petitioner.
Accordingly, an additional statement has been filed by the learned State Attorney on 13.12.2017 about each one of the culverts in the photographs which were produced by the petitioner, the relevant paragraphs of which reads as follows:
"2. The 1st photograph is with respect to the damaged slab of Theatrepady culvert. This culvert is not part of Bastow road and there was no allegation in the Writ Petition. It is situated in Chunkappara-Ponthanpuzha road. However, this respondent examined the same and it is found that the cement plastering below the slab is damaged and reinforcement is visible. Team of Engineers examined and found that there is no imminent danger and the culvert is having sufficient strength to withstand the load. However, a proposal is submitted for reconstruction of W.P.(C) No.34531/2017 7 Theatrepady culvert, though it is not part of Bastow road.
3. The 2nd photograph is with respect to Cherumulackal culvert. There was no allegation in the writ petition with respect to this culvert. However,Team of Engineers examined this culvert and found that the plastering in the underside of the slab is damaged. It will not affect the strength of the bridge. In fact, the slab is 1.4 Metre below the road level and there is sufficient rubble packing above. There will be no direct load impact over the concrete slab and there is no danger to traffic. This culvert is already included in the major road development work under the project KIIFB (Kerala Investment Infrastructure Fund Board).
4. Photograph No.3 is with respect to Athial Bridge in Chalappally-Kottangal road.
This bridge was not mentioned in the above writ petition. But this was also examined by the team of PWD Engineers under this respondent. This bridge was originally a narrow one and about six years back, an additional culvert with slab was attached to this existing bridge thereby it is widened. There is absolutely no damage to the original slab or the newly provided slab, which was W.P.(C) No.34531/2017 8 constructed six years back. The photograph seems to be not with respect to the Athial Bridge. The bridge is very strong and there is no concern for plying of vehicles through the bridge.
5. Photograph handed over by the petitioner No.4 and 8 are alleged to be with respect to the same bridge named Pappanattu Bridge. This bridge was also not mentioned in the writ petition. But, the Team inspected this bridge also and found that there is no damage as shown in photograph No.4 to the slab and also the rubble which supports the bridge. The rubble packing shown in the photograph is adjacent to the bridge structure and towards the retaining wall of the road. There is absolutely no danger with respect to Pappanattu bridge.
6. Photograph No.5 is with respect to culvert at Vazhakkala in Kottangal Chunkappara road. This culvert is also not mentioned in the Writ Petition. The Team inspected the site and found that it is a small culvert having 0.90 meter width and 1.0 meter height. The pre-cast slab below at some places plastering is found damaged. There is no danger or threat to road traffic. But, this culvert is also recommended for reconstruction under KIIFB project. W.P.(C) No.34531/2017 9
7. Photograph No.6 is with respect to Adangannorpady culvert. This culvert is one among the renovated culvert mentioned in the writ petition. The photograph submitted by the petitioner shows that projection of slab. This is due to the fact that the original slab was not wide enough and subsequently when the road was widened, additional slab with culvert was constructed to the already existing culvert and slab. So there is level difference visible from the underside. Both the newly constructed and old slab is strong enough and there is absolutely no danger to the traffic. This bridge is also recommended for further widening under the KIIFB project.
8. With respect to the photograph No.7, it is alleged to be of Maramkulam culvert. This culvert was one, which was mentioned in the writ petition. This culvert was totally reconstructed and instead of slab, concrete pipe culvert is provided. The photograph of which is produced may be prior to reconstruction. Maramkulam culvert after reconstruction is totally safe and there can be no complaint with respect to the same.
9. Photograph No.10 damaged portion of the road is already repaired and as far as possible all repairs from time to time is undertaken."
W.P.(C) No.34531/2017 10
4. Today, when the matter was taken up we heard the petitioner and the learned State Attorney. Though we also see that the road condition in general needs to be improved, from the statement filed by the respondents, it is seen that they have already taken action in that matter and further action is also being taken. In that view of the matter, we do not see any reason to interfere with Ext.P8.
Therefore, recording the statement filed by the respondents and directing that the work which is mentioned in the additional statement shall be completed as expeditiously as possible, the writ petition is disposed of.
Sd/-
ANTONY DOMINIC, Ag. Chief Justice Sd/-
DAMA SESHADRI NAIDU, Judge TRUE COPY P. A TO JUDGE DG W.P.(C) No.34531/2017 11