IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 WP(C).No. 5398 of 2008(P) ------------------------- PETITIONER: ------------ CHERKALAM ABOOBACKER, INDIRA NAGAR HOUSING COLONY, P.O.,CHENGALA KASARGOD 671 541. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENTS: ------------- 1. CHENGALA GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY P.O., CHENGALA, KASARGOD DISTRICT. 2. PRESIDENT CHENGALA GRAMA PANCHAYAT P.O., CHENGALA, KASARGOD DISTRICT. 3. ASSISTANT ENGINEER LOCAL SELF GOVERNMENT DEPARTMENT CHENGALA GRAMA PANCHAYAT P.O., CHENGALA, KASARGOD DISTRICT. 4. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3 BY ADV. SRI.S.SANTHOSH KUMAR R4 BY GOVT. PLEADER MR.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC NO.5398/08) PETITIONER'S EXTS.: EXT.P1: TRUE COPY OF THE LETTER DATED 29.1.2008 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P2: TRUE COPY OF THE TENDER NOTIFICATION DATED 7.1.2008. EXT.P3: TRUE COPY OF THE REPRESENTATION DATED 14.1.2008 TO RESPONDENT NO.1. EXT.P4: TRUE COPY OF THE REPRESENTATION DATED 14.1.08 TO RESPONDENT NO.2. EXT.P5: TRUE COPY OF THE NOTIFICATION NO.AE/CHL DATED (WRONGLY SHOWN AS 01.07.2008). EXT.P6: TRUE COPY OF THE REPRESENTATION BEFORE THE DEPUTY DIRECTOR DATED 11.2.2008. EXT.P7: TRUE COPY OF THE REPRESENTATION BEFORE THE DISTRICT COLLECTOR DATED 4.2.2008. EXT.P8: TRUE COPY OF THE NEWS ITEM PUBLISHED IN SIRAJ DATED 25.1.2008. EXT.P9: TRUE COPY OF THE NEWS ITEM PUBLISHED IN UTHARA DESAM DATED 24.1.2008. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.5398 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 26th February, 2008 JUDGMENT The Panchayat has filed a detailed statement and in paragraphs 2 to 4 of the statement is extracted hereunder: “2. It is submitted that four roads in Ward No.XIV were included in the Peoples Planning Programme 2007-2008 for tarring work. Those roads included in the Planning Programme 2007-2008 are Berka-Champalam Road as project No.N98/07-08, Rehmath Nagar Housing Colony-NH Link Road as project No.N100/07-08, Chengala PHC-Podippallam Link Road as Project No.N103/07-08 (in the W.P. it is mentioned as NH-Podippallam-Link Road) and Indira Nagar-MA Road as Project No.N.117/07-08. The Block Level Technical Advisory Group (BLTAG) has granted technical sanction for Project No.98 Berka-Champalam Road and Project No.117 Indira Nagar-MA Road. Both the above roads were therefore included in the tender notification. 3. The BLTAG has now granted technical sanction for Project No.100 Rahmath Nagar Housing Colony-NH Link Road and Project No.103 Chengala PHC-Podippallam Link Road as per T.S.No.BLTAG/KSD/BRV/442/07-08 dated 15.2.2008 and W.P.C.No.5398/08 - 2 - T.S.No.BLTAG/KSD/BRV/434/07-08 dated 15.2.2008. The Panchayat is taking steps to issue tender notification for the above work. Tender notification will be issued within two weeks and the work will be completed expeditiously. 4. The allegation in the W.P. that two roads in Ward No.XIV was not accorded sanction for tarring work due to the irregular inclusion of Indira Nagar-MA Road is incorrect. The Panchayat has taken over Indira Nagar-MA Road as the beneficiaries of this road has filed a mass petition before the Panchayat. The road was taken over by the Panchayat as per Resolution No.215/07(11) dated 22.10.2007. As recommended by the Grama Sabha the tarring work of this road also was included in the Peoples Planning Programme 2007-2008.” Paragraphs 2 to 4 quoted above are recorded and I dispose of the Writ Petition directing the Panchayat to ensure that the work of all the three roads in respect of which grievance is voiced by the petitioner is done immediately, i.e., during this financial year itself. srd PIUS C.KURIAKOSE, JUDGE