IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 25326 of 2009(I) -------------------------- PETITIONER(S): --------------- K.BHASKARAN, CONTRACTOR, SNEHALAYAM, PUTHIYAVILA P.O., KAYAMKULAM. BY ADVS. SRI.M.S.UNNIKRISHNAN SMT.S.KARTHIKA SRI.M.R.ANISON SMT.K.P.GEETHA MANI RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, KOTTAYAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, KOTTAYAM. 3. THE CIRCLE INSPECTOR OF POLICE, VAKATHANAM, KOTTAYAM DISTRICT. 4. THE SUB INSPECTOR OF POLICE, KARUKACHAL, KARUKACHAL POLICE STATION, KOTTAYAM DISTRICT. 5. THE KARUKACHAL PANCHAYATH, REPRESENTED BY ITS SECRETARY. 6. THE SANTHIPURAM NAVAJYOTHY POURASAMITHY, REPRESENTED BY ITS PRESIDENT SIVADAS, "CHETTUTHADAM", SANTHIPURAM P.O., KARUKACHAL, PIN - 686 545. 7. MR. RAMACHANDRAN PILLAI, BLOCK PANCHAYATH MEMBER, MADAMPILLY BLOCK, RESIDING AT "RESMI VILASAM", KOLLURKIZHAKKETHIL, SANTHIPURAM P.O., KARUKACHAL, PIN - 686 545. 8. P.C.CHACKO @ PALAZHI BABU, PALAMPARAMBIL, SANTHIPURAM P.O., KARUKACHAL, PIN - 686 545. ADDL.R9.THE REVENUE DIVISIONAL OFFICER, KOTTAYAM. ADDL.R10.THE TAHSILDAR, TALUK OFFICE, CHANGANACHERRY. ADDL.R11.THE VILLAGE OFFICER, KARUKACHAL. ADDL.R12.THE DISTRICT COLLECTOR, KOTTAYAM. ADDL.R13.THE ADDL. DISTRICT MAGISTRATE, KOTTAYAM COLLECTORATE, KOTTAYAM. (ADDITIONAL RESPONDENTS 9 TO 11 IMPLEADED AS PER ORDER DATED 22.9.2009 IN I.A. NO.11410 OF 2009) (ADDITIONAL RESPONDENTS 12 AND 13 IMPLEADED AS PER ORDER DATED 22.9.2009 IN I.A. NO.11608 OF 2009) ADVS. SRI.JACOB GEORGE (PATHAZHAKKUZHIKAL) FOR R6 TO 8 SRI.JOSEPH A.VADAKKEL FOR R6 TO 8 SRI.GEORGE KARITHANAM VARGHESE FOR R6 TO 8 SRI.V.J.JOHN FOR R6 TO 8 SRI.M.P.MADHAVANKUTTY FOR R5 GOVT. PLEADER SRI P. RAVINDRA BABU-R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 25326/2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the agreement executed between the State of Kerala and the petitioner dated 11.5.2009. Ext.P2: True copy of the letter issued by the Executive Engineer to the District Collector dated 25.7.2009. Ext.P3: True copy of the letter issued by the Asst. Engineer to Revenue Divisional Officer dated 24.7.2009. Ext.P4: True copy of the pass issued by the Tahsildar for transporting earth taken through identified vehicles dated 1.8.2009. Ext.P4(a): True copy of the pass issued by the Tahsildar for transporting earth taken through identified vehicles dated 20.8.2009. Ext.P5: True copy of the judgment in W.P.(C)No.23616/2009 dated 21.8.2009. Ext.P6: True copy of the representation submitted by the petitioner before the 3rd respondent dated 29.8.09. Ext.P7: True copy of the representation submitted by the petitioner before the 1st respondent dated 29.8.09. Ext.P8: True copy of the statement filed by the 1st respondent. Ext.P9: True copy of the permit dated 31.8.2009 issued by the Tahsildar. Ext.P10: True copy of the permit dated 8.9.2009 issued by the Tahsildar. Ext.P11: True copy of the Stop Memo No.163/2009 dated 19.9.2009. RESPONDENTS' EXHIBITS: Ext.R8(a): True photocopy of the resolution dated 25.8.2009 issued by the Secretary, Karukachal Grama Panchayat. Ext.R8(b): True English Translation of Exhibit R8(a). Ext.R8(c): True photocopy of the tax receipt dated 16.3.2009 in respect of Resurvey No.253/3-4 in Block No.16 in Karukachal Village. Ext.R8(d): True photocopy of the Order dated 19.9.2009 issued by the Village Officer, Karukachal. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 25326 OF 2009 --------------------------------------------- Dated this the 9th day of October, 2009 JUDGMENT Kurian Joseph, J. The petitioner is a contractor engaged in the work of construction of Changanassery Bye pass. As duly permitted by the competent authority, he has been constructing the road by transporting earth from Kavungalpadi - Thengoli road. The party respondents obstructed the same. Despite the best efforts made by the Revenue officials and the police, a solution could not be found. Hence, we directed the Tahsildar, Changanassery and the party respondents to be present before us. We have interacted with them extensively. We find that the party respondents have mainly three apprehensions: (i) by transportation of the earth, the road will be damaged, (ii) the excavation of the earth would result in acute shortage of drinking water and (iii) the pipelines drawn on the side of the road would get damaged. 2. We have heard the learned counsel appearing for the parties including the learned counsel appearing for the Panchayat. The W.P.(C) NO. 25326/2009 2 contractor, who is present before us, submits that the earth will not be taken below the road level. This submission is recorded. It is also submitted that in case any damage is caused to the pipelines, the same would be repaired at their cost. The above submission is also recorded. There will be a direction to the 5th respondent, the Karukachal Panchayat, to take steps to repair the road after the construction work is over and also take steps to tar the road, including the same in the next plan, giving first priority. The party respondents who are present before us submit that they also stand for development and they want the Bye pass to be completed at the earliest. 3. It is brought to our notice that the last date for completion of the work is 31.3.2010. In view of the co-operation thus offered by the party respondents including an elected member of the block panchayat, we hope that the construction will be completed ahead of time. In the unlikely event of any obstruction for transportation of earth and construction work of the Bye pass from any other quarters, there will be a direction to respondents 1 to 4 to afford adequate and effective police protection to see that the construction work is carried out, including excavation and transportation of earth for the construction work without any obstruction from any quarters. W.P.(C) NO. 25326/2009 3 4. Learned counsel appearing for respondents 6 to 8 submits that the Karukachal police has registered two crimes, Crime Nos.316 of 2009 and 334 of 2009, in connection with the dispute of transportation of earth. Now that the dispute has been resolved and since the party respondents have offered their support for the construction work and steps have already been taken to allay the apprehension, we feel that there need not be any further investigation into the above cases, for securing the ends of justice. Accordingly, the proceedings in the above crimes are quashed. The Writ Petition is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C) NO. 25326/2009 4 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.25326/2009 JUDGMENT 9th October, 2009 W.P.(C) NO. 25326/2009 5