Bionoy Chennappallil v. The Kerala State Electricity Board

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937 WP(C).No. 8553 of 2015 (T) --------------------------- PETITIONER :

---------------------- BIONOY CHENNAPPALLIL CHAIRMAN, ROAD VIKASANA SAMITHI, PALATHUMKADAVU KACHERIKADAVU P.O., KANNUR DISTRICT.

BY ADV. SRI.CIBI THOMAS RESPONDENT(S) :

----------------------------

1. THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VAIDHUTHI BHAVAN THIRUVANANTHAPURAM.

2. THE ASSISTANT EXECUTIVE ENGINEER-I THE KERALA STATE ELECTRICITY BOARD, BARAPOLE, SHEB KOOTTUPUZHA, KANNUR-670706.

3. THE ASSISTANT ENGINEER, PUBLIC WORKS DEPARTMENT (ROAD SECTION), IRITTY KANNUR DISTRICT.

4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY PUBLIC WORKS DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695001.

R1 & R2 BY ADVS. SMT.NAZEEBA O.H., SC SRI.SAJEEVKUMAR K. GOPAL, SC R3 & R4 BY SR. GOVT. PLEADER SRI. JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-

WP(C).No. 8553 of 2015 (T) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1:

COPY OF THE REPRESENTATION DATED 22/11/2012 SUBMITTED BY THE THEN CHAIRMAN OF THE ROAD VIKASANA SAMITHI BEFORE THE 2ND RESPONDENT.

EXT. P1(a):

ENGLISH TRANSLATION OF EXHIBIT P1.

EXT. P2:

COPY OF THE REPRESENTATION DATED 14/01/2013 SUBMITTED BEFORE THE 3RD RESPONDENT.

EXT. P2(a):

ENGLISH TRANSLATION OF EXHIBIT P2.

EXT. P3:

COPY OF THE LETTER DATED 18/11/2014 ISUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.

EXT. P4:

COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT DATED 22/12/2014.

EXT. P5:

COPY OF THE REPRESENTATION DATED 13/02/2015 SUBMITTED BEFORE THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

P.R. RAMACHANDRA MENON, J.

--------------------------------------- W.P.(C) No.8553 of 2015 --------------------------------------- Dated this the 7th day of April, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers:

"a) issue a writ of mandamus or any other appropriate writ or direction directing the respondents to take effective and speedy measures to reconstruct the KacherikadavuPalathumkadavu road at Barapole project area; b) direct the respondents to enter into a consensus as to which is the authority to reconstruct and maintain the road;

c) to grant such other reliefs prayed for from time to time including cost of these proceedings."

2. When the matter is taken up for consideration, the learned counsel for the petitioner submits that the petitioner will be satisfied, if a direction is given to the 2nd respondent to consider Ext.P5 and pass appropriate orders therein within a reasonable time.

3. In the above circumstances, considering the limited extent of relief sought for, this Court does not find it necessary to

W.P.(C) No.8553 of 2015 go into the merits of the case.

4. The writ petition is disposed of, directing the 2nd respondent to consider and pass appropriate orders on Ext.P5 at the earliest, at any rate, within a period of 'six weeks' from the date of receipt of a copy of this judgment.

The petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the 2nd respondent, for further steps.

Sd/- P.R. RAMACHANDRA MENON, JUDGE sp