IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR SATURDAY, THE 30TH JANUARY 2010 / 10TH MAGHA 1931 WP(C).No. 32683 of 2008(N) ----------------------------------------- PETITIONER(S): ---------------------- K.R. ALANKATH SMARAKA TRUST, ALTHARA JUNCTION, VELLAYAMBALAM, SASTHAMANGALAM, THIRUVANANTHAPURAM -10, REP.BY ITS EXECUTIVE SECRETARY, POOVACHAL SADASIVAN NAIR. BY ADVS.MR.S.RAJEEV MR.K.K.DHEERENDRAKRISHNAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER (ROADS & BRIDGES), PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 3. EXECUTIVE ENGINEER, PUBLIC WORKS ROADS DIVISION, THIRUVANANTHAPURAM. ADDL. R4 & R5 IMPLEADED. 4. CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 5. SECRETARY, GOVT. SECRETARIAT, GAD, THIRUVANANTHAPURAM. ARE IMPLEADED AS ADDL. R4 & R5 IN WP(C) 32683/08 (N) AS PER ORDER DTD. 06.04.2009 IN IA. 4759/09. W.P.(C) NO.32683/2008 ADDL. R6 IMPLEADED 6. THE KERALA ROAD FUND BOARD, THIRUVANANTHAPURAM, REP.BY ITS PROJECT ENGINEER. ADDL. R6 IS IMPLEADED AS PER ORDER DT. 01/02/2010 IN IA.7591/2009 . R1, 4 & 5 BY GOVT. PLEADER MR. K.RAMESH ADDL. R6 BY ADV. MR.K.JAJU BABU,SC,KERALA ROAD FUND BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.32683/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE G.O.(RT) NO.120/2006/PWD DTD. 13.2.2006. P2:- COPY OF THE G.O.(RT) NO.1445/2006/GAD DTD. 24.2.06. P3:- COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER FROM THE RESPONDENT DTD. 1.2.2008. P4:- COPY OF THE GOVERNMENT ORDER DT.D 29.6.07. P5:- COPY OF THE LETTER NO.D7-2906/07 DTD. 28.7.07 SENT BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. P6:- COPY OF THE REPORT SUBMITTED BY THE 2ND RESPONDENT THE BEFORE THE IST RESPONDENT ON 4.8.07. P7:- COPY OF THE REPRESENTATION DTD. 5.2.08 SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT. P8:- COPY OF THE COMMUNICATION DTD. 18.3.08 RECEIVED BY THE PETITIONER FROM THE IST RESPONDENT. P9:- COPY OF THE REPORT SUBMITTED TO THE IST RESPONDENT DTD. 23.1.2009. P10:- COPY OF THE COMMUNICATION ISSUED BY THE ADDL. 5TH RESPONDENT DTD. 3.12.2009. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.32683 OF 2008 --------------------------------------- Dated this the 30th day of January, 2010. J U D G M E N T The petitioner is K.R.Elankath Smaraka Trust, Trivandrum represented by its Executive Secretary. The main prayer in the writ petition is for a direction to the 1st respondent to implement Exhibits P1 and P2 orders. 2. By Exhibit P1, the Government granted sanction for erection of a statue of late Sri.K.R.Elankath, former Minister and prominent freedom fighter at the General Hospital Junction, Trivandrum, and by Exhibit P2, administrative sanction was granted to provide a sum of Rs.2,00,000/- to the Secretary, K.R.Elankath Smaraka Trust for the construction of the statue of late K.R.Elankath. But, later by Exhibit P3, it was pointed out that the road widening in the area is going on and after completion of the same, there will be no island at the centre of the road in the General Hospital Junction and that another site has to be located for erection of the statue. Further W.P.(C) No.32683/2008 2 correspondences are evident from Exhibits P5 and P6. Presently, the location has been identified as the traffic junction at Sasthamangalam. Since there was further delay in the matter, the petitioner has filed this writ petition. 3. Heard the learned counsel for the petitioner and learned Standing Counsel appearing for the additional 6th respondent. It is submitted that the widening of the roads in that area is at a final stage and what remains is to provide traffic signals. There are three traffic islands in that area. 4. By Exhibit P9, the Project Engineer of the Kerala Road Fund Board informed the Secretary of the Public Works Department that the statue can be located in the Sasthamangalam junction and the erection of statue can be done only after the traffic island is constructed by Trivandrum Road Development Company Limited. Finally, the Government has also, as per Exhibit P10, informed the petitioner that the request for release of funds for the construction of statue will be considered on completion of the work in question. 5. Learned Standing Counsel for the additional W.P.(C) No.32683/2008 3 6th respondent submitted that once the construction is over and traffic lights are installed, further action can be taken for erection of statue. The same is recorded. At the same time, it has to be ensured that there will not be undue delay in the matter. The erection of the statue is to honour late Sri.K.R.Elankath and already four years are over after the sanction was granted. Such delay ought to have been avoided. The respondents are directed to see that the road work is completed and a suitable site is spotted for erection of statue in the traffic island at Sasthamangalam junction and appropriate action will be taken in the matter, expeditiously. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp