IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 5726 of 2010(S) ------------------------- PETITIONERS: --------------- 1. KALLIYODU MOONNANAKUZHI ROAD ACTION COUNCIL, REPRESENTED BY ITS PATRON, ABDUL RASSAK, RESIDING AT KOKKODE HOUSE, KALIYODU, PANVOOR P.O., NEDUMANGADU, THIRUVANANTHAPURAM. 2. T.VARADARAJ, CONVENER, KALLIYODU MOONNANAKUZHI ROAD ACTION COUNCIL, ST.THOMAS COTTAGE, MALAMUKAL, MOONANKUZHI P.O., THIRUVANANTHAPURAM. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY; ITS PRINCIPAL SECRETARY, PUBLIC WORKS (G) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, PWD(ROADS & BRIDGES) THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT ENGINEER, PWD, ROADS & BRIDGES, SOUTHERN REGION, THIRUVANANTHAPURAM. BY SR. G.P. SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN, AG. C.J. & C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.5726 of 2010 .................................................................... Dated this the 24th day of February, 2010. JUDGMENT Ramachandran Nair, J. W.P.(C) is filed challenging the decision of the PWD to repair and recondition the Pulippara-Attukal road as against the original proposal for which a tender was invited for Kalliyodu-Moonnanakuzhi Road. The allegation of the petitioners is that the local M.L.A. influenced the PWD to shift the road for repair in deviation of the original plan. On instruction, Government Pleader produced report from the Chief Engineer wherein he has stated that on a reconsideration at the instance of the MLA, it was noticed that the Pulippara-Attukal Road passes through 10 Wards of Panavoor Panchayat, Anad Panchayat and Nedumangadu Municipality and the beneficiaries are around 12000 families residing there. On the other hand, the road originally proposed to be repaired namely, Kalliyodu-Moonnanakuzhy Road passes through only one Ward of the Panavoor Panchayat and the W.P.(C) 5726/2010 2 beneficiaries are 1000 families living there. Government Pleader sought to defend the shift by PWD at the request of the M.L.A. by stating that larger number of people are beneficiaries of the Pulippara- Attukal road which passes through Anad. According to her, the M.L.A. has only brought to the notice of the PWD the large number of people benefited by this road and he has not exerted any influence. We do not find any ground to interfere in the matter because M.L.A. represents the people of his Constituency and when the resources are limited, it should be first used for a scheme which benefits maximum number of people. Therefore, the preference shown by PWD for repair of another road cannot be interfered with as it serves larger number of people. However, we are constrained to observe that the road, the repair of which is sought by the petitioners, is also a very important road because it is conceded in the Chief Engineer's letter that atleast as many as thousand families are beneficiaries of the road. We, therefore, W.P.(C) 5726/2010 3 direct the PWD, if possible, to repair that road also by using the funds available in the current financial year itself and if not, atleast in the next year. W.P.(C) is disposed of as above. P.R.RAMAN Acting Chief Justice C.N.RAMACHANDRAN NAIR Judge pms