P.K. Naushad v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 9TH DAY OF FEBRUARY 2015/20TH MAGHA, 1936 WP(C).No. 20676 of 2014 (S) ---------------------------- PETITIONER(S):
-------------- P.K. NAUSHAD S/O.ABDUL MAJEED, ADVOCATE, RESIDING AT BASRA P.O.CIVIL STATION, KANNUR - 670 002.
BY ADV. SRI.K.RAJESH SUKUMARAN RESPONDENT(S):
--------------
1. STATE OF KERALA REP. BY CHIEF SECRETARY, SECRETARIAT THIRUVANANTHAPURAM, PIN: 695 001.
2. DISTRICT COLLECTOR, KANNUR - 670 001.
3. KANNUR MUNICIPALITY, KANNUR, REP. BY ITS SECRETARY, MUNICIPAL OFFICE KANNUR - 670 001.
4. SECRETARY, KANNUR MUNICIPALITY, KANNUR - 670 001.
5. THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS), KANUR - 670 001.
6. KERALA WATER AUTHORITY, REPRESENTED BY THE SUPERINTENDING ENGINEER, KANNUR - 670 002.
7. THE REGIIONAL TRANSPORT OFFICER, R.T.O OFFICE, KANNUR - 670 001.
R-R6 BY ADV. SRI.JOSEPH JOHN, SC, KERALA WATER AUTHORITY R3 & 4 BY ADV. SRI.K.K.CHANDRAN PILLAI (SR.) R3 & 4 BY ADV. SMT.K.V.SHENU R3 & 4 BY ADV. SMT.S.AMBILY R3 & 4 BY ADV. SRI.ARUN ANTONY R1 AND R2 BY SR.GOVERNMENT PLEADER SRI.P.I.DAVIS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 20676 of 2014 (S) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXHIBIT P1- COPY OF THE PHOTOGRAPH OF THE ROAD SITUATED IN KANNUR TOWN WHICH IS PUBLISHED IN MATHRUBHOOMI DAILY DATED 18-04-2014. EXHIBIT P2- COPY OF THE PHOTOGRAPH PUBLISHED IN MATHRUBHOOMI DAILY DATED 10-06-2014.
EXHIBIT P3- COPY OF THE PHOTOGRAPH PUBLISHED IN MATHRUBHOOMI DAILY DATED 28-06-2014.
EXHIBIT P4- COPY OF THE PHOTOGRAPH PUBLISHED IN MATHRUBHOOMI DAILY DATED 02-07-2014 SHOWING THE EXCAVATION OF THE ROAD BY THE 5TH RESPONDENT IN KANNUR.
EXHIBIT P5- COPY OF THE PHOTOGRAPH PUBLISHED IN MALAYALA MANORAMA DAILY DATED 12-07-2014 SHOWING THE BAD CONDITION OF THE ROAD IN KANNUR TOWN.
EXHIBIT P6- COPY OF THE PHOTOGRAPH PUBLISHED IN MALAYALA MANORAMA DAILY DATED 14-07-2014.
EXHIBIT P7- COPY OF THE PHOTOGRAPH PUBLISHED IN MATHRUBHOOMI DAILY DATED 16-07-2014.
EXHIBIT P8- COPY OF THE PHOTOGRAPH PUBLISHED IN MALAYALA MANORAMA DAILY DATED 17-07-2014.
EXHIBIT P9- COPY OF THE PHOTOGRAPH PUBLISHED IN THE NEW INDIAN EXPRESS DAILY DATED 31-07-2014.
RESPONDENT(S)' EXHIBITS ----------------------- NIL /TRUE COPY/ PS TO JUDGE
ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J ---------------------------------------------- W.P(C).No. 20676 of 2014 ---------------------------------------------- Dated this the 9th February, 2015
JUDGMENT
Ashok Bhushan, Ag.CJ.
Heard learned counsel for the petitioner, learned Senior Counsel appearing for the Municipality and the learned Government Pleader.
2. The Municipality was allowed time to file affidavit and indicate the works made regarding tarring of the road. Affidavit has been filed on behalf of the Municipality stating that almost all the roads have been tarred. It is submitted that the work to the extent of 155 km has been completed and only a length of about 102 km (two inner roads) is fully completed. Any work, which is still left out, shall be completed by the Municipality at an early date.
3. After considering the statement of learned counsel for the parties and perusing the entire records, we are satisfied that substantial work has already been
WP(C).20676/14 completed by the Municipality as was pointed out in the Writ Petition.
In view of the above matter, we see no reason to issue any further direction or keep the Writ Petition pending. Accordingly, the Writ Petition is closed with the observation that the work with regard to 3 km as pointed out by the petitioner may also be completed.
ASHOK BHUSHAN ACTING CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs