IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 W.P(C).No. 8234 of 2008(S) -------------------------------------- PETITIONER: ------------------- DEJO KAPPEN, MANAGING TRUSTEE CENTRE FOR CONSUMER EDUCATION, MARKET ROAD PALAI (NOW RESIDING AT TOC-H ROAD, 11TH LANE, BUILDING NO.C.C.50.270 VYTTILA POST,ERNAKULAM. BY ADV. SRI.JOHNSON MANAYANI RESPONDENTS: ------------------------ 1. DIVISIONAL RAILWAY MANAGER, DIVISIONAL OFFICE, TRIVANDRUM. 2. GENERAL MANAGER, SOUTHERN RAILWAY PARK TOWN, CHENNAI. 3. CHIEF ENGINEER (CONSTRUCTIONS) SOUTHERN RAILWAY (GENERAL MANAGER'S OFFICE) PARK TOWN, CHENNAI. 4. SECRETARY, MINISTRY OF RAILWAY RAILBHAVAN, NEW DELHI. 5. THE SECRETARY TO PUBLIC WORKS DEPARTMENT, SECRETARIAT, TRIVANDRUM. 6. THE SECRETARY TO RAILWAY (FOR KERALA) SECRETARIAT, TRIVANDRUM. 7. UNION OF INDIA, REPRESENTED BY ITS SECRETRATARY TO MINISTRY OF RAILWAYS, RAIL BHAVAN, NEW DELHI. W.P.(C) NO.8234 OF 2008 - 2 - 8. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. R1 TO R4 & R7 BY ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS R5, R6 & R8 BY GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.P.(C) No.8234 of 2008 ------------------------------------------ Dated, this the 24th day of June, 2008 JUDGMENT H.L.Dattu, C.J. A public spirited citizen and a tax payer is before us in this writ petition filed under Article 226 of the Constitution. The primary reliefs sought for by the petitioner in the writ petition read as under: “(i) Issue appropriate writ, direction or order to the respondents to complete the Railway over bridges at Edappally and Pulleppady and to open the same on a war footing. (ii) Issue appropriate writs, direction to the respondents to function and open the Railway gate to Kadavanthara on a full fledged manner.” (2) After receipt of the notice of the writ petition, the respondents have entered appearance through their learned Government Pleader Sri.M.P.Sreekrishnan. (3) The matter is now posted for admission. Sri.Sreekrishnan, learned Government Pleader, produced before us a letter of the Superintending Engineer to the learned Advocate General dated 9.4.2008. The said letter is as under: W.P.(C) No.8234 of 2008 2 “F2-697/08 Office of the Superintending Engineer, NH Central Circle, Vyttila, Kochi. Dated- 9-4-2008. From The Superintending Engineer To The Advocate General, Ernakulam. Sir, Sub: WPC No.8234/2008 filed by Sri.Dijo Kappen-Reg. Ref: That office telephonic message dt.9.4.08. .................... With reference to the above I may report as follows. The work of construction of approaches of railway over bridge at Edappally in NH 17 is under this Circle Office and was started in September 2005. The National Highway wing of the State PWD has undertaken the construction of above work as the agency of Ministry of Road Transports and Highways of Government of India. The original sanctioned estimate amount of the work is Rs.1425.38 lakhs. The work is awarded to M/s.Kaikkara constructions, Kollam and started in September 2005 with a target date of completion in September, 2007. During actual execution certain additional works were necessitated for the proper completion of the work and hence a revised estimate was proposed. The revised estimate was sanctioned by the Govt. of India in November 2007 for Rs.2467 lakhs. Now the work is in progress and expected to complete within the approved revised target date of W.P.(C) No.8234 of 2008 3 completion of 31.3.2009. The department is taking every possible steps to get above work completed within the revised target time. Hence there is no inaction from the part of this department in completing the work of approaches of the Railway over bridge at Edappally. As such the case may be defended suitably to protect the interest of the Government. Yours faithfully, Sd/- SUPERINTENDING ENGINNER” (4) In the letter it is stated that the respondents shall complete the work as expeditiously as possible, at any rate on or before 31.3.2009. (5) Placing on record the letter dated 9.4.2008 produced by the learned Government Pleader, this writ petition is disposed of for the present. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns