IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 WP(C).No. 6656 of 2010(F) ------------------------- PETITIONER: --------------- C.N.GOPINATHAN NAIR, "SWATHY", MEKKOZHOOR, PATHANAMTHITTA, PRESIDENT, RISHIKESHA TEMPLE ADVISORY SAMITHI, MEKOZHOOR. BY ADV. SRI.SUNIL JACOB JOSE RESPONDENTS: --------------- 1. THE CHIEF ENGINEER, ROAD & BRIDGES, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, ROADS DIVISION, PUBLI WORKS DIVISION, PATHANAMTHITTA. GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.6656 of 2010 ------------------------------------------------ Dated this the 10th day of March, 2010 JUDGMENT The petitioner who is a social activist is aggrieved by the in-action on the part of the respondents in commencing and completing maintenance of the Mylapra-Mekkozhoor Road, even though the road has been handed over to the P.W.D. by Exts.P6 and P7. According to the petitioner funds from the budget allocation of the year 2009-2010 are available with the second respondent to do the maintenance work, but the second respondent has not initiated any action, so far. That will result in the amount getting lapsed by the end of the financial year. 2. Going by the averments in the writ petition the road was vested with the P.W.D. During 1994-95 it was handed over to District Panchayath for maintenance and up keep on a regular basis. No repair has been done for the last more than ten years. The petitioner has also produced Ext.P2, a resolution by the local panchayat seeking for intervention by District Panchayat also. Ext.P3 is the resolution by the Block Panchayat requesting the P.W.D. to take over the said road. The District Panchayat also by Ext.P4 resolution requested the Government to take W.P.(C)No.6656 of 2010 2 steps to return the road to P.W.D. Going by Ext.P6 the Government has decided to take over and entrust to P.W.D. various roads including Mylapra-Mekkozhoor Road which in figures is shown as Serial No.78 in Ext.P6. 3. The petitioner had been requesting the authorities for getting the amount for road repair but it is pointed out that nothing has been done so far to start the work in this financial year. 4. The learned Government Pleader on instructions submitted that it may be difficult to commence the work or complete the work before 31/3/2010. 5. It is evident that nothing has been done in the matter by the respondents 1 and 2. Therefore there will be a direction to the respondents to initiate steps for repair of the road namely Mylapra-Mekkozhoor Road at least before the rainy season starts so that difficulties and hardships faced by people in the locality will be lessened. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj