Jaffer Khan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 21ST DAY OF MAY 2015/31ST VAISAKHA, 1937 WP(C).No. 14436 of 2015 (S) ---------------------------- PETITIONER(S) :- ----------------- JAFFER KHAN, AGED 51 YEARS S/O.OUKKAR HAJI, KARUVELIL HOUSE, ARAKKAPPADI VILLAGE VENGOLA P.O.

BY ADVS.SRI.PRAVEEN K. JOY SRI.T.A.JOY RESPONDENT(S) :- ------------------

1. STATE OF KERALA REP.BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, TRIVANDRUM - 695 001.

3. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT(ROAD DIVISION) MUVATTUPUZHA - 682 051.

4. SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA, ERNAKULAM - 682 014.

5. EXECUTIVE ENGINEER NATIONAL HIGHWAY AUTHORITY, MUVATTUPUZHA - 682 051.

6. RAJI MATHEW, PANPALANIYIL, BHARANGANAM P.O., KOTTAYAM DISTRICT - 686 001. R1-R5 BY SPL.GOVERNMENT PLEADER SMT.GIRIJA GOPAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 14436 of 2015 (S) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- --------------------------- EXHIBIT-P1: THE TRUE PHOTOCOPY OF THE REPRESENTATION BEFORE THE 2ND RESPONDENT.

EXHIBIT-P2: THE TRUE COPY OF THE RELEVANT PAGES OF AGREEMENT SCHEDULE EXECUTED BY THE 4TH RESPONDENT AND THE 6TH RESPONDENT. EXHIBIT-P3: THE TRUE PHOTOCOPY OF REPRESENTATION BEFORE THE RESPONDENTS.

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

ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.

---------------------------------- W.P.(C) No.14436 of 2015 ------------------------------------- Dated this the 21st day of May 2015

J U D G M E N T

Ashok Bhushan, CJ Heard the learned counsel for the petitioner and the learned Government Pleader.

2.

This writ petition has been filed as a public interest litigation seeking a direction to respondent Nos.2 to 5 to supervise the maintenance/construction of Arackapaddy-Mangalathunada Road and to complete the construction under the Bituminous Macadam and Bituminous Concrete (BMBC) method and also to conduct proper inspection for verification as to the usage of the entire fund allotted for the construction.

3.

Learned Special Government Pleader on instructions would submit that the work on the aforesaid road is in progress. 4.

We have gone through the averments in the writ petition and the representation sent by the petitioner to the State authorities. Construction of road, maintenance and inspection are basically the functions of the State authorities including the Public Works Department, who are entrusted with the duties of

W.P.(C) No.14436 of 2015 -: 2 :- construction, maintenance and supervision of roads in the State. The prayer made in the writ petition is for a direction to supervise the maintenance and construction of the road, which are within the normal duties of the authorities. We see no reason to entertain this public interest litigation for the aforesaid relief. In any event, if there is any grievance, it is for the higher authorities or the Public Works Department or the State to look into the same. With these observations, this writ petition is closed. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt