IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 12957 of 2009(S) -------------------------------------- PETITIONER: ------------------- CHUNDAYIL-KUTTIPPURAM ROAD ACTION COMMITTEE, OTHALOOR, KOKKUR, REP.BY ITS CONVENOR, ASHRAF KOKKUR. BY ADV. SRI.ANIL THOMAS(T) SMT.K.V.RESHMI RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT (KSTP), RAJADHANI COMPLEX, KILLIPPALAM, KARAMANA P.O., THIRUVANANTHAPURAM-2. BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.P.(C) No.12957 of 2009 ------------------------------------------ Dated, this the 15th day of June, 2009 JUDGMENT S.R.Bannurmath, C.J. This writ petition is filed in public interest for redressal of the grievance of the people of the locality on the side of Chundayil – Kuttippuram Road, especially in respect of the alleged state of the road. It is alleged that the road construction was under the Kerala State Transport Project with the aid of the World Bank. Though the project was initiated in the year 2002, inspite of the repeated demands from the public, the same has not been completed. It is also alleged that in spite of two contractors who had accepted the work, later showed their inability and as such tender for 3rd time is being called. It is stated that the authorities are not even starting the work, though almost seven years have lapsed and as such expressing anguish over apathy by the respondents, though this Public Interest Litigation it is prayed that this negligent W.P.(C) No.12957 of 2009 - 2 - attitude of the authorities be viewed seriously and in this regard, following prayers are made: “i) issue a writ of certiorari or other appropriate writ, order or direction to call for the records leading to Ext.P5 and quash the same; ii) issue a writ of mandamus or other appropriate writ, order or direction, to the respondents 1 and 2 to execute the balance upgrading road works of Chundayil – Kuttippuram stretch in Trissur – Kuttippuram State Highway, which acts as a link between NH 17 and NH 47, departmentally or otherwise, on a war time basis, using the mechanism of the 2nd respondent; iii) issue a writ of mandamus or other appropriate writ, order or direction, to the respondents 1 to 3 to consider Ext.P6 representation, forthwith.” 2. After hearing the learned counsel on both sides and also the Chief Engineer and the Executive Engineer, who are present before us with the relevant files, we note from the records W.P.(C) No.12957 of 2009 - 3 - that in spite of the steps earlier taken and as the two contractors had abandoned the work, now a fresh tender has to be called for and in this process the authorities require some more time. 3. Considering the long delay and the plight of the people, we deem it proper to issue following directions; directing the authorities to complete the tender process within three months from today. The construction of the road under the KST Project will be completed within one year. In the meanwhile, the authorities are directed to repair the road and maintain it through Public Works Department expeditiously. With these directions we dispose of the writ petition. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns/vku