IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(C).No. 8641 of 2008(S) ------------------------------------ PETITIONER: ------------------- THE KERALA CHAMBER OF COMMERCE AND INDUSTRY, CHAMBER BUILDING, SHANMUGAM ROAD, ERNAKULAM, REP. BY ITS SECRETARY, S.A.MANSOOR. BY ADV. SRI.TOM K.THOMAS RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SOUTHERN RAILWAY, REP. BY ITS GENERAL MANAGER, CHENNAI. 3. THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM-695 014. 4. CHIEF ENGINEER/CONSTRUCTION, SOUTHERN RAILWAY, THYCAUD, TRIVANDRUM-695 014. 5. THE ROADS AND BRIDGES DEVELOPMENT CORPORATION. R1 BY SR.GOVERNMENT PLEADER SMT.K.MEERA R2 TO R4 BY STANDING COUNSEL SRI.N.B.SUNIL NATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------ W.P.(C) No.8641 of 2008-S ------------------------------------------ Dated, this the 9th day of April, 2008 JUDGMENT H.L.Dattu, C.J. In this public interest litigation, the grievance of the petitioner is about the inordinate delay in the construction of the road over-bridge at Pulleppady in Ernakulam and also against the inaction on the part of the respondents to complete the work of road over-bridge at Pulleppady in Ernakulam. It is asserted that the respondents are taking a lethargic attitude in the construction of the road over-bridge at Pulleppady. Therefore, a request is made to issue appropriate direction to the respondents to construct the road over-bridge at Pulleppady in Ernakulam as early as possible. 2. One Sri.Titus Koshy who is presently working as Divisional Railway Manager, Southern Railway, Trivandrum, has filed a counter affidavit before this Court. At paragraph 8 of the counter affidavit it is stated that the process of re-tendering the work has commenced and after fixing up a new agency, the respondents will complete the construction of the road over-bridge at Pulleppady in Ernakulam within six months time from the date of the award of contract. 3. In view of the undertaking of the Divisional Railway Manager in the counter affidavit filed before this Court, the only relief that we can grant to the petitioner in this writ petition, at this stage, is to place on record the undertaking of the Divisional Railway Manager, Southern Railway and dispose of the writ petition. W.P.(C) No.8641 of 2008 2 4. Accordingly, we pass the following: ORDER i) Writ petition is disposed of. ii) Paragraph 8 of the counter affidavit filed by the third respondent is placed on record. iii) The respondents shall complete the construction of the road over- bridge at Pulleppady in Ernakulam as expeditiously as possible, at any rate, as undertaken by the Divisional Manager, Southern Railway in the counter affidavit filed before this Court. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE vns