High Court of KeralaWP(C)/9450/2015disposed of

Manager v. State Of Kerala

2015-10-07Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 7TH DAY OF OCTOBER 2015/15TH ASWINA, 1937 WP(C).No. 9450 of 2015 (E) --------------------------- PETITIONER:

------------------- MANAGER, TRINITY ENGLISH & MALAYALAM MEDIUM HIGH SCHOOL, EDACODE, NEMOM P.O., THIRUVANANTHAPURAM-695020.

BY SRI.P.RAVINDRAN (SENIOR ADVOCATE) ADV. SRI.SREEDHAR RAVINDRAN RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695001.

2. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT ROADS AND BUILDINGS, PALAYAM, THIRUVANANTHAPURAM-695033.

3. THE MANAGING DIRETOR, KERALA WATER AUTHORITY, VELLAYAMBALAM, THIRUVANANTHAPURAM-16.

R1 & R2 BY GOVERNMENT PLEADER SRI.GIKKU JACOB R3 BY SRI.JOSEPH JOHN, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 9450 of 2015 (E) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT P1TRUE COPY OF THE TENDER NOTIFICATION ISSUED FOR THE YEAR 2013.

EXHIBIT P2TRUE COPY OF THE COMMUNICATION DATED 23-07-2014. EXHIBIT P3TRUE COPY OF THE REPRESENTATION MADE BY THE PEOPLE OF THE LOCALITY SUBMITTED TO THE PUBLIC WORKS DEPT. EXHIBIT P4TRUE COPY OF THE REPRESENTATION DATED 3-2-2015. EXHIBIT P5TRUE COPY OF THE REPRESENTATON SUBMITTED TO THE CHIEF ENGINEER, PWD DATED 20-02-2015.

EXHIBIT P6TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, DATED 20-02-2015.

EXHIBIT P7TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.33949/2014 DATED 10.4.2015.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

---------------------------------------- W.P(C)No. 9450 of 2015 ---------------------------------------- Dated this the 7th day of October, 2015

J U D G M E N T

Petitioner approached this Court with the following reliefs:- "(i) Issue a writ in the nature of mandamus commanding the 3rd respondent to complete the pipe laying work on the Arikkadamukku-Mookkinnimala road forthwith or within the time fixed by this Hon'ble Court . (ii) Issue a writ in the nature of mandamus commanding the 2nd respondent to take up and complete the repair of the Arikkadamukku-Mookinnimala road including the surfacing and metaling of the road forthwith. (iii) Issue any other such writ, order or direction as this Hon'ble Court may deem fit and necessary in order to meet the ends of justice on the facts and in the circumstances of the instant case; and (iv) award the costs of this case to the petitioner." Petitioner seeks direction to the third respondent to complete the pipe laying work on the Arikkadamukku-Mookkinimala road.

2. It is submitted by the Standing Counsel for the Water Authority that they have already awarded the work and the contractor commenced the work.

WP(C).NO.9450 of 2015 :-2-:

3. In view of the above, this Court is of the view that the second respondent shall take up the tarring of the road after completion of the laying of pipe by the Water Authority.

This writ petition is disposed of as above.

A.MUHAMED MUSTAQUE, Judge MBS/

WP(C).NO.9450 of 2015 :-3-: