IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 WP(C).No. 34605 of 2008(S) ------------------------------------ PETITIONERS: -------------------- 1. K.J.ABRAHAM, S/O.JOSEPH, AGED 75, KUNNUMMEL HOUSE, KALKANDY.P.O, MANNARKADU, PALAKKAD DISTRICT. 2. ROY JOSE, S/O JOSEPH, AGED 43, NEDUMPALLIL HOUSE, KALKANDY.P.O, MANNARKADU, PALAKKAD DISTRICT. BY ADV. SRI.K.C.PETER SRI.TOJAN J. VATHIKULAM SRI.PREMCHAND R.NAIR RESPONDENTS: ---------------------- 1. ATTAPPADY BLOCK PANCHAYAT, AGALI.P.O, PALAKKAD, REPRESENTED BY THE SECRETARY. 2. ATTAPPADY BLOCK PANCHAYAT COMMITTEE, REPRESENTED BY ITS PRESIDENT, ATTAPPADY BLOCK PANCHAYAT, AGALI.P.O, PALAKKAD. 3. THE ASSISTANT ENGINEER, I.T.D.P, AGALI, ATTAPPADY, PALAKKAD DISTRICT. 4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 5. GEOGY GEORGE, GOVERNMENT CONTRACTOR, KOTTUKKAPPILLY HOUSE, 1/391 (3)KALPATHY, PALAKKAD-678 033. BY SR.G.P.SRI.M.P.SREEKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C).No.34605 OF 2008-S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of November, 2008 JUDGMENT H.L.DATTU, C.J. A public spirited citizen is before us, inter alia seeking the following reliefs. They are: “(i) Call for the records leading to the award of contract for the construction of Thottappady- Chinnapparambu-Kallamala Road by respondents 1 and 2; (ii) Issue the writ of mandamus or such other writ, order or direction, directing respondents 1 and 2 to take immediate steps to complete the work of Thottappady-Chinnapparambu-Kallamala Road, within a time frame to be stipulated by this Hon'ble Court; (iii) Issue the writ of mandamus or such other writ, order or direction directing the respondents to take necessary action to complete the work, if necessary, by terminating the contract awarded to the 5th respondent and engaging some other contractor; (iv) Issue the writ of mandamus or such other writ, order or direction, directing the 1st respondent to consider and pass orders on Ext.P6 representation pending before them expeditiously; and (v) To issue such other writ, order or direction which this Hon'ble Court deems fit, just and proper.” 2 W.P(C).NO.34605/08 (2) In the writ petition, it is also stated that the petitioners and the other local residents have already filed Ext.P6 representation bringing to the knowledge of the block panchayat the inaction in completing the construction of Thottappady-Chinnapparambu-Kallamala road. (3) In our opinion, that representation ought to have been considered by the block panchayat in accordance with law as early as possible. Since, that has not been done, we have no alternative, but to issue an appropriate direction. (4) We dispose of the writ petition directing the Attappady block panchayat to consider Ext.P6 representation filed by the petitioners in accordance with law as early as possible. (5) The petitioners shall produce certified copy of the orders passed by us before the block panchayat for appropriate action. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE cl 3 W.P(C).NO.34605/08