IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 544 of 2008(E)
1. STATE OF KERALA, REPRESENTED BY ITS
... Petitioner
2. THE EXCISE COMMISSIONER,
3. ASSISTANT EXCISE COMMISSIONER,
Vs
1. V.S.RAVEENDRAN PILLAI, RAJADHANI
... Respondent
For Petitioner :ADVOCATE GENERAL
For Respondent :SRI.A.SUDHI VASUDEVAN
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice P.N.RAVINDRAN
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :03/03/2010
O R D E R
? IN THE HIGH COURT OF KERALA AT ERNAKULAM
+WP(C).No. 5726 of 2010(S)
#1. KALLIYODU MOONNANAKUZHI ROAD ACTION
... Petitioner
2. T.VARADARAJ, CONVENER,
Vs
$1. STATE OF KERALA, REP.BY; ITS PRINCIPAL
... Respondent
2. THE CHIEF ENGINEER, PWD(ROADS & BRIDGES)
3. THE SUPERINTENDENT ENGINEER,
! For Petitioner :SRI.T.RAJASEKHARAN NAIR
^ For Respondent : No Appearance
*Coram
The Hon'ble the Acting Chief Justice MR.P.R.RAMAN
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
% Dated :24/02/2010
: O R D E R
P.R.RAMAN, AG. C.J. &
C.N.RAMACHANDRAN NAIR, J.
…………………………………………………………..
W.P.(C) No.5726 of 2010
…………………………………………………………..
Dated this the 24th day of February, 2010.
JUDGMENT
Ramachandran Nair, J.
W.P.(C) is filed challenging the decision of the PWD to repair
and recondition the Pulippara-Attukal road as against the original
proposal for which a tender was invited for Kalliyodu-Moonnanakuzhi
Road. The allegation of the petitioners is that the local M.L.A.
influenced the PWD to shift the road for repair in deviation of the
original plan. On instruction, Government Pleader produced report
from the Chief Engineer wherein he has stated that on a reconsideration
at the instance of the MLA, it was noticed that the Pulippara-Attukal
Road passes through 10 Wards of Panavoor Panchayat, Anad
Panchayat and Nedumangadu Municipality and the beneficiaries are
around 12000 families residing there. On the other hand, the road
originally proposed to be repaired namely, Kalliyodu-Moonnanakuzhy
Road passes through only one Ward of the Panavoor Panchayat and the
W.P.(C) 5726/2010 2
beneficiaries are 1000 families living there. Government Pleader
sought to defend the shift by PWD at the request of the M.L.A. by
stating that larger number of people are beneficiaries of the Pulippara-
Attukal road which passes through Anad. According to her, the
M.L.A. has only brought to the notice of the PWD the large number of
people benefited by this road and he has not exerted any influence. We
do not find any ground to interfere in the matter because M.L.A.
represents the people of his Constituency and when the resources are
limited, it should be first used for a scheme which benefits maximum
number of people. Therefore, the preference shown by PWD for repair
of another road cannot be interfered with as it serves larger number of
people. However, we are constrained to observe that the road, the
repair of which is sought by the petitioners, is also a very important
road because it is conceded in the Chief Engineer’s letter that atleast as
many as thousand families are beneficiaries of the road. We, therefore,
W.P.(C) 5726/2010 3
direct the PWD, if possible, to repair that road also by using the funds
available in the current financial year itself and if not, atleast in the next
year.
W.P.(C) is disposed of as above.
P.R.RAMAN
Acting Chief Justice
C.N.RAMACHANDRAN NAIR
Judge
pms