IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 WP(C).No. 37310 of 2009(S) -------------------------- PETITIONER: -------------- ADV.A.C.EAPEN,AGED 40 YEARS, S/O.K.EAPEN CHANDY,ELUVELIL PUTHEN PURAYIL, MANTHUKA P.O., KULANADA, PANDALAM. BY ADV. SRI.BECHU KURIAN THOMAS SRI.PAUL JACOB (P) RESPONDENTS: ----------------- 1. STAE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT, OF LOCAL SELF, GOVERNMENT INSITUTION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. PATHANAMTHITTA DISTRICT PANCHAYAT, OFFICE OF THE DISTRICT PANCHAYAT, PATHANAMTHITTA, REPRESETNED BY ITS SECRETARY. 4. KULANADA BLOCK PANCHAYAT, OFFICE OF THE BLOCK PANCHAYAT, KULANADA P.O., PANDALAM - 689503. REPRESENTED BY ITS SECRETARY. 5. KULANADA GRAMA PANCHAYAT, OFFICE OF THE GRAMA PANCHAYAT, KULANADA P.O., PANDALAM - 689503,REPRESENTED BY ITS SECRETAY. 6. MEZHUVELIP GRAMA PANCHAYAT, OFFOCE OF THE MEZHUVELI GRAMA PANCHAYAT, MEZHUVELI, REPRESENTED BY ITS SECRETARY. WP(C).No. 37310 of 2009(S) 7. MULAKKUZHA GRAMA PANCHAYAT, OFFICE OF THE MULAKKUZHA GRAMA PANCHAYAT, MULAKKUZHA, REPRESENTED BY ITS SECRETARY. ADDL. 8. THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, PATHANAMTHITTA. (IMPLEADED AS ADDL.R8 AS PER ORDER DATED 7.7.10 IN I.A. No. 8898/10) R1, R2 & R8 BY SENIOR GOVT. PLEADER, SMT. K. MEERA. R3 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.S.A.ANAND SRI.PETER JOSE CHRISTO R4 BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR R5 BY ADV.SRI.C.S.MANILAL R6 BY ADV. SRI.S.HARIKRISHNAN R7 BY ADV. SRI.V.MANOJ KUMAR SRI.IYPE JOSEPH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 37310 of 2009(S) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE PHOTOGRAPHS OF THE DAMAGED ROADS. EXT.P2 : TRUE TYPED COPY OF THE APPLICATION DT.08.01.2009 SUBMITTED BEFORE THE INFORMATION OFFICER OF THE 5TH RESPONDENT. EXT.P3 : TRUE OCPY OF REPLY DT. 31.01.2009. EXT.P4 : TRUE COPY OF PETITIONER'S MRI REPORT OF THE LUMBOSACRAL SPINE DT.27.04.2009. EXT.P5 : TRUE COPY OF THE REPRESENTATION DT.20.08.2009 SUBMITTED BY PETITIONER'S FATHER BEFORE THE 5TH RESPONDENT. EXT.P5(A) : TRUE COPY OF THE RECEIPT DT.21.08.2009 FOR ACCEPTING EXT.P5 REPRESENTATION. EXT.P5(B) : TRUE COPY OF THE RECEIPT DT. 21.08.2009 SHOWING RECEIPT OF REPRESENTATION BY THE 4TH RESPONDENT. EXT.P5(C) : TRUE COPY OF THE ACKNOWLEDGEMENT CARD DT.22.08.2009 SHOWING THE RECEIPT OF THE REPRESENTATION BY THE 3RD RESPONDENT. EXT.P6 : TRUE COPY OF G.O.(MS) NO.52/2009/PWD DT.14.08.2009. EXT.P7 : TRUE COPY OF THE INSTRUCTIONS SUBMITTED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, PATHANAMTHITTA TO THE 2ND RESPONDENT. EXT.P8 : TRUE OCPY OF G.O.(MS) 1096/2010/LSGD DT.09.06.2010. /TRUE COPY/ PA TO JUDGE J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 37310 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of July, 2011 JUDGMENT J.Chelameswar, C.J. This writ petition is filed with the prayers as follows: “i. Issue a writ in the nature of mandamus or other appropriate writ, order or direction directing respondents 3 to 7 to maintain and re-tar the Manthuka Globe Kurishumoodu-Kotta Road vested with them in accordance with law. ii. Issue a writ in the nature of mandamus or other appropriate writ, order or direction directing the respondents 3 to 7 to issue necessary orders in Ext.P5 representation to tar and maintain Manthuka Globe Kurishumoodu - Kotta Road. iii. Issue such other appropriate writ order or direction that may be deemed to be just and equitable in the facts and circumstances of the case.” 2. The substance is that the roads mentioned in the prayer of the writ petition are in a bad state of affairs and they are not being properly maintained by the respondents. Without going into the details of the matter, the matter can be disposed of at this stage in view of the affidavit filed by the 8th respondent, i.e., the Executive Engineer, P.W.D. Roads Division, Pathanamthitta. Paragraphs 4 and 5 of the said affidavit read as follows: W.P.(C) No. 37310 of 2009 -:2:- “4. Thereafter the entire 4.50 kms stretch of the said road has been included in the one-time up-gradation of roads scheme and an estimate for Rs.63.80 lakhs was submitted to the superintending Engineer, PWD Roads and Bridges, South circle, Thiruvananthapuram for arranging the work. In pursuance thereto the Government has accorded administrative sanction for the up-gradation work vide G.O.(GL) No.364/2011/PWD dated 26.02.2011. 5. It is respectfully that two months would be required to complete the tendering process in respect of the above work and in view of the monsoon season, a period of six months thereafter would be required for completing the work.” 3. In the light of the assertions made in paragraphs 4 and 5 of the said affidavit the learned counsel for the petitioner submits that the writ petition can be closed recording the above. The Writ Petition is therefore disposed of duly recording the assertions made by the respondent. J.Chelameswar, Chief Justice. P.R.Ramachandra Menon, Judge. ttb