IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 WP(C).No. 16140 of 2008(S) --------------------------------------------------- PETITIONER: ----------------- THE KOTTAYAM BYEPASS ACTION COUNCIL, (MANARCAUD-ETTUMANOOR VIA POOVATHUMOODU) THIRUVANCHOOR P.O,KOTTAYAM REPRESENTED BY ITS CONVENOR SRI. THIRUVANCHOOOR GOPI. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENTS: ----------------------- 1. STATE OF KERALA RERPESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, ROADS AND BRIDGES THIRUVANANTHAPURAM. 3. THE SECRETARY TO PUBLIC WORKS DEPARTMENT GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 4. THE SUPERINTENDING ENGINEER ROADS AND BRIDGES, SOUTH CIRCLE, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------------------------------ W.P.(C) No.16140 of 2008-S ------------------------------------------------------- Dated, this the 19th day of June, 2008 JUDGMENT H.L.Dattu, C.J. The one and the only prayer that is sought for by the petitioner in this Public Interest Litigation is to direct the respondents to complete the Kottayam bye-pass (Manarcaud to Ettumanoor via Poovathummadu) expeditiously and without any further waste of time. 2. The Executive Engineer has filed his counter affidavit. At paragraphs 7 and 9 of the counter affidavit it is stated as under: “7. There had been pressure from a Local Juma Msjid which was constructed at a later date in the IIIrd reach for changing the alignment of the road. Further the Local MLA and residents represented to the Hon'ble Minister for Public Works to change the alignment so as to extend the road up to Pattithanam Junction at Ch:165/500km in the M.C.Road. As a result the Chief Engineer was directed by the Additional Chief Secretary in his lr.No.11447/G1/03/PWD to take necessary action to extend the road so as to meet the M.C.road at Pattithanam Junction instead of at Thavalakuzhy Junction originally proposed. Hence the IIIrd reach was WPC No.16140/2008 -2- restricted at Ch:10/270km and a IVth reach was proposed from Ch: 10/270 to 12/450km to end the road at Pattithanam Junction. The new alignment was approved by the Chief Engineer as per No.CE/R &B/KTM/60117/84 dt. 27-12-2004. This alignment also was peg marked and boundary stones were laid. It took about 5 years to complete all these proceedings and as a result the whole L.A. proceedings became denovo. In order to start the L.A. proceedings afresh revised administrative sanction incorporating the extension is required from the Government. The expected cost of construction for the balance portion is too high considering the fact that the land to be acquired works out to about 49 Acres. The Budget provision for the work for the current year is a meager sum of Rs.5000 only whereas the estimated cost of completion of the balance work is approximately 3500 lakhs (Rs.2500 lakhs for acquisition of land and Rs.1000 lakhs for the works). 9. Once all these formalities are completed and the required funds are allotted the work will be started and will be completed within an expected time frame of 3 years (One year for L.A. and two years for the works). However all efforts will be made for the speedy completion of the Project.” 3. A statement is made by the Executive Engineer that they will try their best to complete the remaining portion of the work as early WPC No.16140/2008 -3- as possible at any rate within three years from today. 4. Enough efforts are being made by the State Government to complete the remaining portion of the Kottayam bye-pass ( Manarcaud to Ettumanoor via Poovathummadu). Therefore, for the present, in the interest of both the parties what can be done by this Court is to place the counter affidavit of the Executive Engineer on record and close this matter with a direction to the respondents to complete the work as undertaken by them in paragraph 9 of their counter affidavit. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS