IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 OP.No. 19701 of 1995(U) (SUO MOTU) ----------------------- AGAINST THE JUDGEMENT/ORDER IN OP.14067/1995 Dated 07/12/1995 .................... PETITIONER(S): --------------- A.Y.ABRAHAM, ERNAKULAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT, TRIVANDRUM. 2. K.N.SATYAPALAN, GOVERNMENT CONTRACTOR, CHARUVILA PUTHENVEEDU, EDAIKKIDOM P.O. EZHUKONE, KOLLAM. ADDL. RESPONDENTS: 3. KOSHY JOHN 4. RAJENDRA KUMAR 5. R.BALAN 6 B.SHAJI 7. V.GOPINATHAN 8. K.G.RAMACHANDRAN NAIR 9. R.DHARMARAJAN 10. K.BALACHANDRAN NAIR 11. S.GOPINATHAN NAIR 12. R.SIVANKUTTY 13. V.A.ABDUL HAMEED OP.No. 19701 of 1995(U) (SUO MOTU) 2 14. M.UPENDRAN NAIR 15. V.GANESAN 16. P.V.GEORGE ADV. SRI.M.P.KRISHNAN NAIR SRI.M.K.CHANDRA MOHANDAS FOR R2 SRI.N.HARIDAS FOR R15 SRI.V.N.ACHUTHA KURUP, SENIOR ADVOCATE FOR R8 AND R13 SRI.M.S.RADHAKRISHNAN NAIR SRI.T.P.VARGHESE FOR SRI.PHILIP T.VARGHESE GOVERNMENT PLEADER SRI.SANDESH RAJA FOR R1 SRI.BINDU SREEKUMAR SRI.B.RAGUNATHAN FOR ADL.R10 & 11 SRI.V.V.MATHEW FOR ADL.R10 & 11 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- O.P.No.19701 of 1995 (Suo Motu case) ----------------------------------------- Dated this the 20th day of July, 2010 JUDGMENT This writ petition was suo motu registered by this Court when O.P.No.14067 of 1995 was heard, by order passed on 7.12.1995. By the said order this Court directed notice to be issued to the State of Kerala and Sri.K.N.Satyapalan, Government Contractor. This Court also directed the Government to furnish the names and addresses of the concerned Engineers who were working in the Kallada Project and who were dealing with the work “K.I.P-L.B. Formation of Main Canal from Ch.48254m to 49180m including cut and cover and C.D works (balance work)” at the relevant time so as to enable this Court to issue notice to them directly. 2. Pursuant to the said order this original petition was registered with the following persons on the party array:- Petitioner: A.Y.Abraham, Ernakulam. Respondents: 1. State of Kerala, represented by Secretary to Government, Irrigation Department, Trivandrum 2. K.N.Satyapalan, Government Contractor, Charuvila Puthenveedu, Edaikkidom P.O. Ezhumone, Kollam. O.P.No.19701 of 1995 -:2:- Addl. Respondents: 3. Koshy John 4. Rajendra Kumar 5. R.Balan 6. B.Shaji 7. V.Gopinathan 8. K.G.Ramachandran Nair 9. R.Dharmarajan 10. K.Balachandran Nair 11. S.Gopinathan Nair 12. R.Sivankutty 13. V.A.Abdul Hameed 14. M.Upendran Nair 15. V.Ganesan 16. P.V.George 3. It is brought to my notice that Sri.K.N.Satyapalan, the second respondent herein, passed away on 7.7.2001, that Sri.K.G.Ramachandran Nair, the 8th respondent, passed away on 13.6.2005, that the 7th respondent Sri.V.Gopinathan had no role to play in the award of the work to Sri.K.N.Satyapalan and that he retired from service in the year 1997 and that the 15th respondent O.P.No.19701 of 1995 -:3:- Sri.V.Ganesan retired from service on 30.9.1993. In such circumstances as the Contractor in whose favour the work was awarded and many among the respondents have either retired from service or have passed away and in view of the fact that the legal heirs of the Contractor are not on the party array, I am of the opinion that no further orders are called for in this case. It is accordingly closed without prejudice to the contentions of the petitioner in O.P.No.14067 of 1995. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- O.P.No.19701 of 1995 ---------------------------- JUDGMENT 20th July, 2010