IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 WP(C).No. 10846 of 2011(E) --------------------------------------- PETITIONER(S): ------------------------ VARGHESE THOMAS, AGED 47, S/O.K.M. THOMAS, KULANGARA HOUSE, ANIKADU VILLAGE, NOOROMMAVU. P.O, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT - 689 585. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, THIRUVANANTHAPURAM - 695 001. 2. CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, WATER RESOURCES DEPARTMENT, THIRUVANANTHAPURAM - 695 001. 3. EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, WATER RESOURCES DEPARTMENT, PATHANAMTHITTA - 689 645. 4. MSGR. DR.ANTONY GEORGE KALLAMPARAMBIL, SOPHIA INTERNATIONAL ACADEMY, NOOROMAVU P.O., PATHANAMTHITTA DISTRICT, PIN-689 589. 5. P.V. VARGHESE, PARAKAVUNGAL, ANIKAD P.O., PATHANAMTHITTA DISTRICT, PIN-689 585. 6. SIBI THOMAS, AGED ABOUT 45, S/O.THOMAS, MANIMALETH, VECHOOCHIRA P.O., RANNI, PIN-689 672. R1 TO R3 BY GOVT. PLEADER MR.JOSEPH GEORGE. R4 & R5 BY ADV. SRI.ANIL K.NARENDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 10846 of 2011(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.W2/FS/22091/2010 DATED 16/08/2010 OF THE 1ST RESPONDENT. EXT.P2: COPY OF THE APPLICATION DATED 23/03/2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P3: COPY OF THE ORDER NO.4738/MI.I./2011/WRD DATED 15/03/2011. RESPONDENT'S EXHIBITS:- EXT.R4(a): COPY OF THE GOVERNMENT LETTER DATED 15/03/2011. EXT.R4(b): COPY OF THE UNDERTAKING GIVEN BY THE PETITIONER ON 26/11/2009, IN THE PRESENCE OF THE AGRICULTURAL OFFICER. EXT.R4(c): COPY OF THE REQUEST SUBMITTED BY THE PETITIONER ON 26/11/2009 BEFORE THE AGRICULTURAL OFFICER. EXT.R4(d): COPY OF THE LETTER DATED 18/04/2011 OF THE AGRICULTURAL OFFICER, FURNISHING THE LIST OF MEMBERS OF THE PADASEKHARA COMMITTEE AND CERTAIN OTHER INFORMATION TO THE ADMINISTRATIVE OFFICER OF SOPHIA INTERNATIONAL ACADEMY, NOOROMMAVU. EXT.R4(e): COPY OF THE ROUGH SKETCH OF THE LOCALITY DATED NIL, PREPARED BY THE ADDL. 4TH RESPONDENT. EXT.R4(f): COPY OF THE REPRESENTATION DATED 23/01/2011 SUBMITTED BEFORE THE MINISTER FOR IRRIGATION, GOVERNMENT OF KERALA. EXT.R4(g): COPY OF THE COMPLAINT DATED 16/07/2010 FILED BY ONE SAJAN JACOB, ON BEHALF OF THE ADDL. 5TH RESPONDENT, BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA. EXT.R4(h): COPY OF THE PHOTOGRAPHS OF THE NARROW RAIN WATER CHANNEL TAKEN AT ITS NORTHERN EXTREMITY AND ADJACENT PLACES. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 10846 OF 2011 ----------------------------------------------------- Dated this the 11th day of November, 2011 J U D G M E N T Heard the counsel for the petitioner, the learned Government Pleader appearing for respondents 1 to 3, and counsel for respondents 4 and 5. There is no appearance on behalf of R6. 2. The writ petition was filed seeking implementation of Ext.P1, the proceedings of the 2nd respondent, according sanction for the two works mentioned in it, out of which the one which is relevant for the purpose of this case is item No.2 which reads as under: “PM-construction of culvert and side protection work to Villangupara Rs.6,10,000/- Pullukuthi Valiyathodu in ward No.3 of Anikkadu Panchayath.” 3. It appears that subsequent to the issuance of Ext.P1 complaints were made by respondents 4 and 5, regarding the projects sanctioned by Ext.P1. On the basis W.P.(C) No. 10846 OF 2011 :2 : of the complaints, an enquiry is stated to have been conducted by the Vigilance wing of the PWD Department and as part thereof, a site inspection was also conducted on 4.4.2011 with notice to the parties concerned. Accordingly, report of inspection was made to the first respondent and accepting the report Ext.P3 order has been issued on 15.3.2011, cancelling the aforesaid work sanctioned as per Ext.P1. On the issuance of Ext.P3, the writ petition was amended incorporating a challenge against Ext.P3 as well. 4. The case of the petitioner, who is a beneficiary of the work, is that basis on which the work in question is ordered to be cancelled, as reported by the Vigilance wing of the PWD, is erroneous. It is also contended that Ext.P3 order was passed by the Government without issuing notice to the petitioner or other persons who are the W.P.(C) No. 10846 OF 2011 :3 : beneficiaries of the work in question. Although the learned Government Pleader and the learned counsel appearing for respondents 4 and 5 canvassed that the reason stated in Ext.P3 are correct and therefore cancellation of the order in question is fully justified, neither the counsel nor the learned Government Pleader has any dispute that Ext.P3 was issued without notice to anyone who is affected by such an order. Therefore, I am satisfied that Ext.P3 has been issued in violation of the principles of natural justice and for that reason I am inclined to think that the matter is to be reconsidered. In order to enable the first respondent to do so, with notice to the petitioner and respondents, I quash Ext.P3 and direct that the issue be reconsidered. 5. It is made clear, that quashing of Ext.P3 order does not mean that the work in question should be implemented and fresh orders in the matter shall be W.P.(C) No. 10846 OF 2011 :4 : passed as expeditiously as possible at any rate within three months from the date of receipt of a copy of this judgment. 6. It is also made clear that the contentions raised by both the sides are left open to be urged before the respondents. ANTONY DOMINIC, JUDGE ul/-