IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 WP(C).No. 31059 of 2010(F) -------------------------- PETITIONER(S): --------------- INDIRA, D/O. SARADHA THADATHARIKATHU VEEDU, NEAR CHERUVALAM JUNCTION KALLARA ADAPPURA PUBLIC ROAD, KALLARA VILLAGE NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW RESPONDENT(S): --------------- 1. EXECUTIVE ENGINEER PWD ROAD DIVISION, THIRUVANANTHAPURAM 2. ASSISTANT EXECUTIVE ENGINEER PWDROAD SUB DIVISION,NEDUMANGAD,THIRUVANANTHAPURAM 3. THIRUVANANTHAPURAM DISTRICT PANCHAYATH REPRESENTED BY ITS SECRETARY THIRUVANANTHAPURAM. 4. DISTRICT COLLECTOR,THIRUVANANTHAPURAM 5. STATE OF KERALA REPRESENTED BY ITS SECRETARY, PWD ROADS DIVISION,THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO.31059 OF 2010 (F) ===================== Dated this the 3rd day of November, 2010 J U D G M E N T Petitioner, member of a scheduled caste community, is residing in 3 cents of property near Kallara- Adappupara PWD Road. It is stated that due to heavy rain, the front portion of the petitioner's property was collapsed and as a result of which, unless retaining wall is constructed, there is a chance of further danger to the property in the area. It is stated that petitioner made repeated complaints to various authorities and as a result of which the 2nd respondent inspected the place and prepared an estimate of 13.7 lakhs.. It is stated that thereafter there has not been any progress in the work for the reason that the Superintending Engineer has not accorded his sanction. It is with this grievance the writ petition is filed. 2. Government Pleader has obtained instruction in the matter. According to the Government Pleader, the estimate prepared by the 2nd respondent, is awaiting approval of the Superintending Engineer, Roads and Bridges, South Circle, Thiruvananthapuram. Evidently, WPC No. 31059/2010 :2 : therefore what stands in the way of execution the work of completion of retaining wall as sought for by the petitioner is the delay on the part of the Superintending Engineer in according sanction to the estimate prepared by the 2nd respondent. Therefore, taking note of this, it is directed that it will be open to the petitioner to produce a copy of the judgment before the Superintending Engineer, Roads and Bridges, South Circle, Thiruvananthapuram, along with a copy of this judgment, in which event, the Superintending Engineer will examine the matter and take a decision on the estimate prepared and submitted by the 2nd respondent for construction of a retaining wall as noticed above, This should be taken at any rate within 6 weeks from the date of production of a copy of the judgment. ANTONY DOMINIC, JUDGE vi