IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 W.P.(C).No.8431 of 2007(S) ------------------------------------------------------- PETITIONER:- -------------------- SHIJI, W/O.LATE G.P.JOHNSON, THAIKATTIL HOUSE, AVANOOR, KUTTOOR, THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL SRI.BABU S. NAIR SMT.DEEPTHI S.MENON SRI.ABRAHAM SAMSON SMT.M.T.SHEEBA SRI.P.A.RAJESH RESPONDENTS:- ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. THE BHARAT SANCHAR NIGAM LIMITED, REPRESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR, STATESMAN HOUSE, B-148, BARAKHAMBA ROAD, NEW DELHI-110 001. 4. THE GENERAL MANAGER, BHARAT SANCHAR NIGAM LIMITED, THRISSUR. 5. THE SECRETARY, DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT, TRIVANDRUM. R1, R2 & R5 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. R3 & R4 BY STANDING COUNSEL SRI.VARGHESE P.THOMAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu, C.J. & K.M.Joseph, J. ------------------------------------------------ W.P.(C).No.8431 of 2007-S ------------------------------------------------ Dated, this the 15th day of February, 2008 JUDGMENT H.L.Dattu,C.J. Sri.Jijo Paul, learned counsel appearing for the petitioner submits that, for the present he would not seek the relief made in prayer No.3 in the writ petition before us, since he has already filed appropriate civil proceedings before an appropriate civil forum. Therefore, we are not considering prayer No.3. (2) The other two prayers are as under: (i) Issue a writ of mandamus or any other appropriate writs, orders of directions directing the first respondent to issue necessary guidelines in such a manner as to co-ordinate, control, supervise and regulate the trenching of roads and road margins. (ii) Issue a writ of mandamus or any other appropriate writs, orders of directions directing the first respondent to set up and keep in place appropriate supervisory and controlling bodies to regulate and supervise the trenching of roads and road margins”. (3) The 5th respondent has filed a counter affidavit before us. In paragraph 9 of the counter affidavit, it is stated as under: “9. The 2nd respondent as the Chairperson of the District Co-ordination committee has also issued directions to the agencies to carry out excavation of trenches in a systematic manner only in short lengths of 200 meters at a time. The cable trenches were directed to be covered immediately and cutting of adjacent stretches was directed to be done only after removing excess earth on the sides of trenches. Instructions were given to install proper signals and precautionary ribbons and posts on the sides of the roads before commencing the trenching work. It was also decided to enforce the conditions of PWD for trenching works without fail; which conditions among others comprise the following:- a) trenching shall be done with proper sharing and shuttering so that safety of adjacent structures and carriage way shall not be affected to any extent; b) proper fencing, lighting and watching shall be ensured for the trenching work undertaken; W.P.(C).No.8431 of 2007-S - 2 - c) necessary boards of caution should erected on salient and obligatory points of the trenching alignment; d) trenching shall not be commenced, carried out or continued during the period of monsoon; (e) the earth cut and removed shall not be dumped on the road side of the trench, and it shall be deposited on the other side or away from the road margin”. (4) After going through the counter affidavit filed by the 5th respondent, in our opinion, for the present except placing on record paragraph 9 of the counter affidavit of the 5th respondent, no other relief need be granted to the petitioner. (5) Accordingly, we pass the following:- Order (i) Prayer No.3 is rejected for the present, as not pressed. (ii) In view of what has been stated by the 5th respondent in paragraph 9 of the counter affidavit, the other reliefs need not be considered by us. Ordered accordingly. H.L.Dattu Chief Justice K.M.Joseph vku/- Judge