IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 WP(C).No. 3085 of 2009(P) ------------------------------------ PETITIONER(S): ---------------------- 1. HAPPY CHACKOCHAN ,AGED 41 YEARS, W/O.CHACKOCHAN P,THAYIL HOUSE, L.F.GARDEN, PACHALAM P.O.,KOCHI 682 012, SECRETARY,L.F.GARDEN RESIDENT'S ASSOCIATION,K.B.M AVENUE ROAD, OPP. POTTAKUZHI ROAD, PACHALAM PO,KOCHI 682 012. 2. THE SKYLINE FLORENTO APARATMENT OWNERS ASSOCIATION, A BODY REGISTERED UNDER THE CHARITABLE SOCIETIES REGISTRATION ACT, FLORENTO APARTMENT, K.B M AVENUE ROAD,OPP. POTTAKUZHI ROAD,PACHALAM PO, KOCHI 682 012., REP.BY ITS SECRETARY M.JAYAKRISHNAN, AGED 37 YEARS, S/O.LATE T.VASUDEVAN, IA,SKYLINE FLORENTO APARTMENT, POTTAKUZHI ROAD, PACHALAM P.O., KOCHI-682 012. BY ADV. MR.SHAJI P.CHALY MR.R.SANJITH RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, LOCAL ADMINISTRATION SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, CORPORATION OF KOCHI, PARK AVENUE, ERNAKULAM. 3. THE CHIEF ENGINEER CORPORATION OF KOCHI, PARK AVENUE,ERNAKULAM. 4. THE OMBUDSMAN, LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. R1 & R4 BY GOVERNMENT PLEADER MR.MATHEW VADAKKEL R2 & R3 BY ADV. MR.M.K.CHANDRAMOHAN DAS,SC,COCHIN COPN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.3085 OF 2009 ------------------------------------------- Dated this the 1st day of June, 2009 JUDGMENT This case relates to a particular road branching off from the Pottakkuzhy-Pachalam road. It is submitted that following the earlier orders, work in relation to the road in question is being taken up on a war footing. The onset of monsoon would obviously impair the bitumen surfacing of any road. The materials on record show that there is some improvement in the work and it is stated by counsel appearing on all sides that the work appears to be in progress. I would however wonder as to why the technical sanction for the work in question got delayed till 4.2.2009, leaving hardly less than two months for the end of that financial year, leading, may be, even to the lapsing of alloted funds. More important is the fact that such decision for a road work has been taken as if the corporation authorities have absolutely no idea about the probable onset of the monsoon, going by the normal geographical situation available in this part of the State. While it is not for this Court to inject any administrative wisdom to the WPC.3085/09 Page numbers authorities in the corporation, one thing is certain, viz., that the expenditure is ultimately met from the public funds. There has to be a very vigilant control in the use of such funds rather than permitting unnecessary expenditure. Taking all relevant factors into consideration, it is ordered that the work in relation to the road in question shall be completed and an action taken report filed by the corporation before the Registrar General of this Court on or before 31.8.2009 without fail. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.2/6.