IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 WP(C).No. 16359 of 2007(V) -------------------------------------- PETITIONER(S): ---------------------- SUNNY SEBASTIAN, S/O.DEVASSIA, THADATHIL HOUSE, KALLANODE P.O., KAKKAYAM VIA, KOZHIKODE. BY ADV. MR.T.G.RAJENDRAN RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, KOZHIKODE. 2. SECRETARY, DEPARTMENT OF DISASTER MANAGEMENT, REVENUE (SLMC) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER MR.DILEEP MOHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 16359/2007-V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER OF THE GOVERNMENT DATED 02/02/2006. EXT.P2: COPY OF THE ORDER OF THE GOVERNMENT DATED 14/02/2006. EXT.P3: COPY OF THE ORDER OF THE GOVERNMENT DATED 17/02/2006. EXT.P4: COPY OF THE ORDER OF THE GOVERNMENT DATED 02/06/2006. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. S.SIRI JAGAN, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.16359/2007-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of July, 2009 J U D G M E N T The petitioner is a resident of the Koorachundu Panchayat in Kozhikode District. He is a user of various roads of the Panchayat. The Panchayat is situated in a hilly area. There are several roads in various parts of the Panchayat, which are maintained by the Government. On account of flood during rainy season, all the roads have become seriously damaged. According to the petitioner, the conditions of the roads are so bad that people cannot even walk through the roads. In the year 2005, when the Government felt that the roads are to be restored, administrative sanction was given to the District Collector for immediate restoration and improvement of the damaged infrastructure. On the basis of the reports from the Panchayat and other authorities, by Ext.P1 order dated 02/02/2006 the Government sanctioned an amount of Rs.6 lakhs for immediate restoration and improvement of the Kallanode-Thoovakkadavu- Mandoppara Road and Thadathil Thazha 27th Mile Road. A similar sanction was given by Ext.P2 order dated 14/02/2006, in respect of Cheriyampurath Vattakkandy Narinada Road. Still another order W.P.(C). No.16359/2007 -:2:- Ext.P3, was issued on 17/02/2006 in respect of Kallanode St.Mary's High School Church Bye-pass Road. Thereafter, on 02/06/2006, by Ext.P4 the Government passed an order cancelling flood relief works during the month of February and March 2006 which have not yet been started. Consequently, the District Collector stopped the entire work. The situation continues to be the same even today. It is under the above circumstances, the petitioner has approached this Court for the following reliefs:- a. Issue a writ of certiorari or any other appropriate writ order or direction, to quash Ext.P4 order of the Government. b. writ of mandamus or any appropriate writ order or direction, commanding the Government to give administrative sanction for the roads for immediate restoration and improvement of the damaged infrastructure in respect of the roads mentioned in Exts.P1, P2 and P3 and direct the District Collector to complete the work immediately. c. to grant such other reliefs prayed for from time to time including cost of these proceedings. 2. A counter affidavit has been filed taking the stand that Ext.P4 order was issued in accordance with a policy decision of the Government and this Court cannot interfere with such policy decisions. W.P.(C). No.16359/2007 -:3:- 3. I have considered the rival contentions in detail. I am of opinion that whether as a policy decision or as an administrative decision, the Government cannot leave a particular section of people of the State to suffer for years without roads in their Panchayats. The inhabitants of that Panchayat are also tax payers who are also equally entitled to be provided with motorable roads like any other part of the State. Of course, some delay on account of paucity of funds may be condonable. But, more than five years have already elapsed since the roads of this Panchayat have been washed away. I am not inclined to allow the Government to go on leaving the inhabitants of the Panchayat to suffer unendingly. They have already suffered enough. It is the solemn duty of a State to see that damaged infrastructure of all parts of the State are restored within a reasonable time. For that more than four years is beyond reasonable time. Therefore, there is no justification whatsoever for the Government to delay the restoration of the damaged roads of Koorachundu Panchayat taking refuge under a so called policy decision. In the above circumstances, Ext.P4 shall not stand in the way of the respondents taking up and completing the restoration of W.P.(C). No.16359/2007 -:4:- the four roads in Kooranchundu Panchayat mentioned above. The restoration work of the same shall be taken up and completed by the respondents as expeditiously as possible, at any rate, within six months from the date of receipt of the copy of the judgment, by granting administrative, financial and other sanction. The writ petition is disposed of as above. (S.SIRI JAGAN, JUDGE) ms