IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 11919 of 2009(S) -------------------------------------------------- PETITIONER: ------------------- PREMSON PAUL MAJAMATTOM, GENERAL SECRETARY, YOUTH FRONT (JACOB), MANJAMATTATHIL HOUSE, PIRAVOM P.O. ERNAKULAM. BY ADV. SRI.SOORAJ T.ELENJICKAL RESPONDENT: --------------------- STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF PUBLIC WORKS (PWD) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.P.(C) No.11919 of 2009 ------------------------------------------ Dated, this the 22nd day of June, 2009 JUDGMENT S.R.Bannurmath, C.J. This public interest litigation is filed seeking a direction to the respondent Government to consider the representation of the petitioner, a political and social activist, to undertake the road maintenance work during night hours so as to avoid road blockade, traffic jam and consequent sufferings of the public. 2. On instructions, it is submitted by the learned Government Pleader that the representation of the petitioner dated 9.1.2009 is being examined by the Government in the light of the Rules in force. He also pointed out the difficulties the Government would be facing if the road work is carried out during night hours since it involves additional financial commitments on W.P.(C) No.11919 of 2009 - 2 - the part of the Government in engaging supervisory officers during night hours. So far as the stand of the Government of additional expenses for engaging supervisory officers during night hours is concerned, we do not think that the said stand is just and proper. Even if the work is to be done during day time, supervisory staff is required. Hence that by itself would not be a ground not to reconsider the policy decision. Hence, we allow the writ petition directing the respondent to consider the representation of the petitioner as per Ext.P1 within a period of four months from the date of receipt of a copy of this judgment along with a copy of the writ petition. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns/vku