IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 4275 of 2006(H) --------------------------------------- PETITIONERS: ---------------------- 1. BENCHAMIN DANIEL, PALLIKUNNEL HOUSE, THAZHATHUKATTUPARA, VELLIKULAM P.O. 2. CHACKO JOSEPH, THANNIPOTHIYIL, VELLIKULAM P.O. BY ADV. SRI.SHAJI THOMAS PORKKATTIL SRI.BINU PAUL RESPONDENTS: -------------------------- 1. THE COMMISSIONER FOR RURAL DEVELOPMENTS, L.M.S. COMPOUND, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, KOTTAYAM. 3. THE PROJECT OFFICER, DISTRICT RURAL DEVELOPMENT AGENCY, KOTTAYAM. 4. MONSON JOB @ MANOJ, KALLUKULAM HOUSE, PATHANAMTHITTA. ADV. SRI.S.ABDUL RAZZAK FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.4275/2006 H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AGREEMENT DTD. 15/05/2002 EXECUTED BETWEEN THE CONTRACTOR AND THE 3RD RESPONDENT. EXT.P2: COPY OF THE BANK GUARANTEE DTD. 15/05/2002 FURNISHED BY THE CONTRACTOR. EXT.P3: COPY OF THE MASS PETITION DTD. 3/10/2005 SIGNED BY 250 PERSONS RESIDING IN THE AREA. EXT.P4: COPY OF THE REPRESENTATION DTD. 3/10/2005 SUBMITTED BY THE BLOCK PANCHAYAT MEMBER OF ERATTUPETTA BLOCK PANCHAYAT. EXT.P5: COPY OF THE JUDGMENT DTD. 15/11/2005 IN WP(C) NO. 30425/2005 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss KURIAN JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C).No. 4275 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of September, 2008 JUDGMENT The Writ Petition is filed with the following prayer: i) a writ of mandamus or any other appropriate writ, order or direction commanding respondents 1 to 3 to take coercive action against the 4th respondent and to ensure the completion of Ottayetti-Thazhathukattupara road as per Ext.P1 agreement; OR a writ of mandamus or any other writ, order or direction commanding respondents 1 to 3 to re- tender the balance work of Ottayetti- Thazhathukattupara road under the PMGSY Scheme and to complete the same within a time limit and to take steps to recover the loss/damages suffered by the Govt. due to re-tender of balance work from the 4th respondent; In case the petitioners have still any grievance left, they may approach the 2nd respondent, in which case the 2nd respondent will take prompt action for the completion of the work. (KURIAN JOSEPH, JUDGE) ttb