IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 13136 of 2007(S) -------------------------- PETITIONER(S): ------------------ NAYADUMPOIL-NILAMBOOR ROAD SAMRAKSHANA SAMITHI REPRESENTED BY ITS CONVENER JOSEPH PALACKAL, RESIDING AT PALACKAL HOUSE, KAKKADUMPOIL PO., MALAPPURAM DISTRICT. BY MR.BIJI MATHEW,ADVOCATE RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. PRINCIPAL SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. CHIEF ENGINEER (ROADS AND BRIDGES) PUBLIC WORKS DEPARTMENT, PUBLIC WORKS DEPARTMENT OFFICE, THIRUVANANTHAPURAM. 4. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS) P.W.D.OFFICE, MANJERI. 5. GENERAL MANAGER, NABARD, THIRUVANANTHAPURAM. 6. K.K.MOHANDAS, MANAGING PARTNER K.K.BUILDERS, CIVIL ENGINEERING CONTRACTORS, PERAVOOR, KANNUR DISTRICT. GOVERNMENT PLEADER SMT.K.MEERA FOR R4 MR.RAJESH NARAYANAN,ADVOCATE COMMISSIONER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.13136/2007 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE TEHNICAL SANCTION FOR WORKS DATED 21.3.2003. EXT.P2: COPY OF THE REPRESENTATION TO THE ASISTANT ENGINEER PWD, NILAMBOOR ON 27.1.2006. EXT.P3: COPY OF THE REPRESENTATION DATED 30.8.2006 ISSUED TO THE 5TH RESPONDENT. EXT.P4: COPY PF the REPRESENTATION TO THE MINISTER OF PWD THROUGH THE MLA ON 7.9.2006. EXT.P5: COPY OF THE REPRESENTATION ON 1.2.2007 TO THE ASSISTANT ENGINEER, PWD, NILAMBOOR. EXT.P6: COPY OF THE PAMPHLET DATED 2.2.2007. EXT.P7: PHOTOGRAPHS SHOWING THE NATURE OF CONSTRUCTION OF THE SUPPORT WALLS. EXT.P8: COPY OF THE REPRESENTATION TO THE CIEF MINISTER OF KERALA STATE DATED 14.2.2007. EXT.P9: COPY OF THE PUBLIC NOTICE ISSUED BY THE PETITIONER SAMITHI ON 27.2.2007. EXT.P10: COPY OF LETTER DATED 28.2.2007 FROM THE MLA, NILAMBOOR. EXT.P11: COPY OF THE MEMORANDUM WAS GIVEN TO THE PRINCIPAL SECRETARY, PWD, THIRUVANANTHAPURAM, DATED 1.3.2007. EXT.P12: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE PRINCIPAL SECRETARY, PWD DATED 10.3.2007. EXT.P13: NEWS PAPER REPORTS DATED 24.3.2007 OF MATRUBHOOMI DAILY. EXT.P13(a): NEWS PAPER REPORTS DATED 24.3.2007 OF MADHYAMAM DAILY. EXT.P13(b): NEWS PAPER REPORTS DATED 25.3.2007 OF DEEPIKA DAILY. EXT.P14(a): COPY OF THE PHOTOGRAPHS. TRUE COPY P.A.TO JUDGE J.B.KOSHY, Ag.C.J & V.GIRI, J. ------------------------------- W.P.(C).NO.13136 OF 2007 (S) ----------------------------------- Dated this the 6th day of March, 2009 J U D G M E N T KOSHY,Ag.CJ. The main relief prayed for in this writ petition is to direct respondents 1 to 4 to complete the development work of Nayadumpoil-Nilamboor Road to a motorable road within a time bound programme. It is the allegation that funds allotted by NABARD for the above purpose was misutilised. A detailed report was filed by the Commissioner which shows the deplorable condition of the road. In paragraph 6 of the Commission report, it is stated as follows: “From Vendekumpoil the road proceeds to the S-turn. This is the place where the maximum damage is seen to have taken place. The road is seen to be in a very dangerous situation. The road is broken at several places and could break apart and fall any time. The road is also broken and seen fallen at the bend. The entire portion WPC.13136/07 2 of the side walls have fallen and also the portion of the road along with side. The engineers present informed me that the defect can be rectified. On a question put to him as to how the damage occurred, he answered that the walls were constructed using dry rubble masonry method and that iron bars and concrete have not been used there. Had the side walls been constructed using Iron rods and cement the damage could have been avoided. He further stated that the work was completed in haste and that there was no provision in the contract for concreting the side walls. Another factor stated was that NABARD would not sanction further funds for the completion of the project. He further stated that the road will be restored once the monsoon is over. Photographs of the area are produced.” With regard to other portions of the road, similar observations were made. Even though an objection was filed to the Commission report, in the objection, it is stated that the maintenance work was completed in the year 2004 – 05. Four years have passed. It is further stated that part of the road was washed away in July 2007 on account of unprecedented rain and Commissioner travelled in an old car. On a reading of the objection itself, it can be seen that the road is in a deplorable condition. In these circumstances, we direct WPC.13136/07 3 respondents 1 to 4 to take immediate action in the matter and make the motorable road in a good condition. We direct the Government that construction of the road and necessary developments of road should be made before the completion of the next financial year. Government can also take disciplinary action according to law if there is any lapse on the part of the Officers/Engineers. With regard to the earlier work, if the amount awarded by the NABARD was not used for the proper construction of the road and if there was any maladministration or misappropriation, it is for the petitioner to approach the Lok Ayukta for appropriate remedies. With the above observations, this writ appeal is disposed of. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE prp WPC.13136/07 4 J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 6th November, 2008