IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No.12376 of 2007(S) -------------------------------------------------- PETITIONERS:- -------------------- 1. SUNNY PAUL, AGED 50, S/O.K.J.PAUL, ADVOCATE, KARUVELIL HOUSE, ANICADU POST, MALLAPPALLY. 2. ABRAHAM VARGHESE, S/O.VARGHESE, AGED 48, PATHAYATHINGAL, ANICADU POST, MALLAPPALLY. 3. V.A.PUNNAN, S/O.ABRAHAM, VALAKUZHIYIL, ANICADU POST, MALLAPPALLY. BY ADV. SRI.JOHNSON MANAYANI RESPONDENTS:- ------------------------ 1. BLOCK PANCHAYATH, MALLAPALLY, REPRESENTED BY ITS SECRETARY, MALLAPPALLY BLOCK PANCHAYATH, MALLAPPALLY. 2. THE SECRETARY TO PUBLIC WORKS DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. ASSISTANT EXECUTIVE ENGINEER (DRDA), KARIKKENETH BUILDINGS, COLLEGE ROAD, PATHANAMTHITTA. 4. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. WPC No.12376/2007 -2- 5. THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA. 6. JOSE PHILIP, PARIYILETH HOUSE, M.NORTH POST, PATHANAMTHITTA DISTRICT. R1 BY ADV. SRI.S.HARIKRISHNAN R2 TO R5 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. R6 ADV. SRI.M.NARENDRA KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C).No.12376 of 2007-S ------------------------------------------------------- Dated, this the 28th day of February, 2008 JUDGMENT H.L.Dattu, C.J. The first petitioner is a practising Advocate and also the Panchayath Committee member of Anicadu Grama Panchayath. Petitioners 2 and 3 are residents of Anicadu Grama Panchayath. (2). The petitioners are before this Court for appropriate direction to respondents 1 to 5 to complete Ext.P1 road work (Kavungodi- Nalloorpadavu Road), forthwith. (3). A counter affidavit is filed by the first respondent. In that, they have stated various reasons for not completing the construction of the road work within the stipulated time. At para 19 of the counter affidavit they have also stated that as and when NABARD sanctions new plan, the Panchayath will take effective steps for completing the road work. Para 19 of the counter affidavit reads as follows: “19. This respondent hereby undertakes before this Hon'ble Court that as and when the new plan allocation is sanctioned by the NABARD in the upcoming NABARD RIDF-XIII plan, the block panchayath shall take expeditious steps for execution of the above said road work as expeditiously as possible thereafter.” W.P.C No.12376/2007 -2- (4). In view of the above, for the present, we are of the opinion that, no further directions need be given to the respondents. Suffice to observe that the Panchayath will take all effective steps to complete Ext.P1 road work (Kavungodi-Nalloorpadavu Road) as early as possible. (5). In view of the order passed in the writ petition, I.A.Nos.5918/2007 and 2606/2008 are closed. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE MS