IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 WP(C).No. 31431 of 2006(P) ---------------------------------------- PETITIONER: ---------------------- C.P.AJITH KUMAR, PROPRIETOR, SUBURBAN TRAVELS, MAMANGALAM, EDAPPALLY, ERNAKULAM. *ADDL.P2 IS IMPLEADED: P2: ERNAKULAM MERCHANTS UNION, MERCHANTS UNION BUILDING, MERCHANTS ROAD, COCHIN -M 11, REPRESENTED BY ITS GENERAL SECRETARY. (*ADDL.P2 IS IMPLEADED AS PER ORDER DTD. 8/01/2008 IN I.A.NO.10395/2007) BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SMT.DHANYA CHANDRAN RESPONDENTS: ------------------------ 1. CORPORATION OF KOCHI, REP. BY ITS SECRETARY, BOAT JETTY, ERNAKULAM. 2. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPRTMENT (ROADS), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. Kss ..2/- ...2.... WPC.NO.31431/2006 P **ADDL.R3 IS IMPLEADED: R3. GREATER COCHIN DEVELOPMENT AUTHORUTY, KADAVANTHRA,ERNAKULAM,COCHIN-20, REPRESENTED BY ITS SECRETARY. (**ADDL.R3 IS IMPLEADED AS PER ORDER DTD. 27/07/2007 ON I.A.NO.10194/07) ***ADDL.R4 IS IMPLEADED: R4. ALL KERALA GOVERNMENT CONTRACTORS ASSOCIATION, REG NO.88/85, STATE COMMITTEE OFFICE, G.P.O.JUNCTION,THIRUVANANTHAPURAM REPRESENTED BY THE GENERAL SECRETARY P.VISWANATHAN. (***ADDL.R4 IS IMPLEADED AS PER ORDER DTD. 14/08/07 IN I.A.NO.11150/07) ****ADDL.R5 IS IMPLEADED: R5. KERALA GOVERNMENT CONTRACTORS ASSOCIATION, HEAD OFFICE SREEKUMAR BUILDING, IRON BRIDGE P.O., ALAPPUZHA, REP. BY ITS PRESIDENT VARGHESE KANNAMPALLY. (****ADDL.R5 IS IMPLEADED AS PER ORDER DTD. 8/01/2008 IN I.A.NO.11787/2007) $ ADDL.R6 IS IMPLEADED: R6. K.J.SCARIA, AGED 51 YEARS, S/O.LATE K.J. KURIAN, PRASANT BHAVAN, MARUTHOOR VATTOM P.O., CHERTHALA. THE STATE VICE PRESIDENT OF SMALL INDUSTRIES FEDERATION IN KERALA. ($ADDL. R6 IS IMPLEADED AS PER ORDER DTD. 8/01/2008 IN I.A.NO.12276/2006) Kss ..3/- ...3.... WPC.NO.31431/2006 P $$ ADDL.R7 IS IMPLEADED: R7. UNION OF INDIA, REP. BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF SURFACE TRANSPORT, CENTRAL SECRETARIAT, NEW DELHI. ($$ADDL.R7 IS IMPLEADED AS PER ORDER DTD. 8/01/2008 IN I.A.NO.13390/2007) #ADDL.R8 IS IMPLEADED: R8. KERALA P.W.D. GRADUATE ENGINEERS ASSOCIATION, REPRESENTED BY ITS GENERAL SECRETARY, STATE COMMITTEE OFFICE, ROADS DIVISION CAMPUS, P.M.G. JUNCTION, THIRUVANANTHAPURAM. (#ADDL.R8 IS IMPLEADED AS PER ORDER DTD. 8/01/2008 IN I.A.NO.14041/2007) R1 BY ADV.SRI.C.M.SURESH BABU,SC,COCHIN CORPORATION ADDL.R3 BY ADV. SRI.P.R.RAMACHANDRA MENON, SC,GCDA ADDL.R4 BY ADV. SRI.K.L.VARGHESE SMT.SANTHA VARGHESE SRI.JOMY GEORGE SRI.RAJIT SRI.RANJIT BABU SRI.NAVEEN THOMAS SRI.P.HARIDAS BY ADVOCATE GENERAL SRI.C.P.SUDHAKARA PRASAD BY SPL.GOVT.PLEADER SRI. C.M.SURESH BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.31431/2006 P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DTD. 28/08/1998N IN O.P.NO. 346/1998 OF THIS HON'BLE COURT. EXT.P2: COPY OF THE REPLY NO.3165/D2/98/PWD DTD. 12/01/1999 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P3: COPY OF THE REPLY NO.M.O.E4-1385/98 DTD. 12/01/1999 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P4: COPY OF THE NEWS REPORT IN EDITORIAL PAGE OF MALAYALA MANORAMA DAILY DTD. 9/10/2006. EXT.P5: COPY OF THE NEWS REPORT IN MALAYALA MANORAMA (METRO) DAILY DTD. 23/10/2006. EXT.P6: COPY OF PHOTO FEATURE PUBLISHED IN THE KERALA KAUMUDHI DAILY DTD. 19/07/07. EXT.P7: COPY OF REPORT PUBLISHED IN THE MALAYALA MANORAMA DAILY DTD. 20/07/2007. EXT.P8: COPY OF THE NEW REPORT IN KERALA KAUMUDHI DAILY DTD. 18/09/07. EXT.P9: COPY OF THE NEWS REPORT WHICH APPEARED IN 'KERALA KAUMUDHI' CITY EDITION DTD. 19/09/07. EXT.P10: COPY OF THE NEWS REPORT WHICH APPEARED IN HINDU DAILY DTD. 28/09/07. EXT.P11: COPY OF THE NEWS REPORT IN MALAYALA MANORAMA DAILY DTD. 3/10/07. EXT.P12: COPY OF THE NEWS REPORT PUBLISHED BY THE 'MALAYALA MANORAMA' DAILY DTD. 28/09/07. EXT.P13: COPY OF THE NEWS REPORT PUBLISHED BY THE 'MALAYALA MANORAMA' DAILY DTD. 30/09/2007. EXT.P14: COPY OF THE NEWS REPORT PUBLISHED BY THE KERALA KAUMUDHI DAILY DTD. 3/10/07. Kss ...2/- ...2.... WPC.NO.31431/2006 P EXT.P15: COPY OF THE NEWS REPORT PUBLISHED BY THE 'MALAYALA MANORAMA' DAILY DTD. 12/09/07. 3RD RESPONDENT'S EXHIBITS: EXT.R3(A): COPY OF THE REPRESENTATIONS CONTAINING THE PROPOSALS AND SUGGESTIONS SUBMITTED BY THIS PETITIONER BEFORE THE HON'BLE CHIEF MINISTER AND OTHER MEMBERS OF THE CABINET. EXT.R3(A): COPY OF GOVERNMENT ORDER DTD. 10/08/2007 (I.A.NO.11150/2007) EXT.R3(B): COPY OF THE INITIMATION RECEIVED BY SHRI. PRAKASAN MASTER MLA, AZHIKODE FROM THE HON'BLE CHIEF MINISTERS OFFICE. ADDL.4TH RESPONDENT'S EXHIBITS: EXT.ADDL.R4(A): COPY OF THE GOVERNMENT ORDER NO.96/92/PW DTD. 21/11/92. EXT.ADDL.R4(B): COPY OF G.O.NO.88/99/PWD DTD. 18/11/1999. EXT.ADDL.R4(C): COPY OF THE GOVERNMENT ORDER 303/07 DTD. 11/07/2007. 5TH RESPONDENT'S EXHIBITS: EXT.R5(A): COPY OF THE STATEMENT SHOWING AMOUNTS COLLECTED BY THE STATE GOVERNMENT UNDER THE KERALA STATE MOTOR VEHICLES TAXATION ACT AND INDIAN MOTOR VEHICLES ACT DURING THE FINANCIAL YEARS 2004-05 TO 2006-07 (3 YEARS). EXT.R5(B): COPY OF THE STATEMENT SHOWING THE EXPENDITURE INCURRED FROM THE STATE BUDGET ON DEVELOPMENT AND MAINTENANCE OF ROADS DURING THE THREE YEARS AND THE PROVISIONS SET APART FOR THE SAME PURPOSE FOR THE CURRENT YEAR, I.E. 2007-08. EXT.R5(C): COPY OF THE DETAILED SCHEME FOR EARLY PAYMENT OF PENDING BILLS. Kss ..3/- ....3.... WPC.NO.31431/2006 P EXT.R5(D): COPY OF THE MINUTES OF ONE SUCH MEETING HELD ON 14/06/207. RESPONDENT'S ANNEXURES: ANNEXURE 1: COPY OF THE ROAD CHART. ANNEXURE II: COPY OF THE LIST OF RESURFACING WORKS IN ALUVA – ERNAKULAM ROAD, BANERJI ROAD, SHANMUGHAM ROAD, PARALLEL SHANMUGHAM ROAD AND BROADWAY ROAD FROM 2002-03 TO 2007-08. (AFFIDAVIT FILED BY THE 2ND RESPONDENT): ANNEXURE 1: COPY OF STATEMENT SHOWING AMOUNTS COLLECTED BY THE STATE GOVERNMENT UNDER THE KERALA STATE GOVERNMENT UNDER THE KERALA STATE MOTOR VEHICLES TAXATION ACT AND INDIAN MOTOR VEHICLES ACT DURING THE FINANCIAL YEARS 2004-05 TO 2006-07 (3 YEARS). ANNEXURE II: COPY OF STATEMENT SHOWING THE EXPENDITURE INCURRED FROM THE STATE BUDGET ON DEVELOPMENT AND MAINTENANCE OF ROADS DURING THE THREE YEARS AND THE PROVISIONS SET APART FROM THE SAME PURPOSE FOR THE CURRENT YEAR I.E. 2007-08 WITH NOTE. /TRUE COPY/ P.S.TO JUDGE Kss K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 31431 OF 2006 -------------------------------------- Dated this the 7th day of September, 2007 ORDER It becomes necessary in the interest of justice that the second respondent brings on record an affidavit showing the details of the amount being collected under the Motor Vehicles Act by way of tax. The affidavit shall also contain the amount collected under Section 10 of the Kerala Road Safety Act. The affidavit shall also contain the amount collected under any other enactment relating to roads. This information is to relate to the years 2005 and 2006. The affidavit shall further contain the amount which was expended for roads for the years 2005 and 2006. The affidavit shall also indicate the amount set apart for the development and maintenance of roads for the current year also. The second respondent will also indicate as to whether the progress which was assured in the affidavit dated 14/08/2007 has been attained and the reasons if any, if it has not been complied with. The affidavit shall be brought on record on or before 18/09/2007. Post on 13/09/2007. K. M. JOSEPH, JUDGE H/O sv.