High Court Kerala High Court

State Of Kerala Represented By vs The Temple Junction Residents’ on 5 January, 2010

Kerala High Court
State Of Kerala Represented By vs The Temple Junction Residents’ on 5 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 2 of 2010(S)


1. STATE OF KERALA REPRESENTED BY
                      ...  Petitioner
2. THE CHIEF ENGINEER, MINOR IRRIGATION,
3. THE EXECUTIVE ENGINEER, MINOR IRRIGATION
4. ASST.EXECUTIVE ENGINEER,
5. ASST.ENGINEER, MINOR IRRIGATION,

                        Vs



1. THE TEMPLE JUNCTION RESIDENTS'
                       ...       Respondent

2. THE PRESIDENT,TEMPLE JUNCTION RESIDENTS

3. THE PATRON, THE TEMPLE JUNCTION

4. SREELATHA.K, W/O.DR.G.CHANDRASENAN,

5. PREMA CHANDRAMOHAN, TJRA NO.111, MEGHA,

6. KRISHNAN NAIR.V, TJRA NO-102, SINDHU

7. SHAMSUDEEN, TJRA NO.,110, PIPPINCODU,

8. SHYLAJA KUMARI.R, TJRA NO.103, ANJALI,

9. ANDREW MENDEZ, TJRA NO.109, ANUGRAHA,

10. GEETHA KUMARI, W/O.P.SATHEESH BABU,

11. SURESH KUMAR.S, TJRA NO.104, PIPPINMOODU

12. LEELA NAIR, TJRA NO.106, 'THAMBU',

13. EDWARD ROBIN.A, TJRA, 122,SUGANTH,

14. SURESH.K, TJRA.126,LEKSHMI, PALACE

15. PRASANNA KUMAR.B, W/O.M.P.RAMKUMAR,

16. UMA SREEKUMAR, W/O.P.R.SREEKUMAR,

17. JAYA PRASAD, T.V, TJRA.130, THANKAM,

18. JALAJA DEVI, M/O.V.J.BIJU, TJRA.130 A,

19. KUMARAN.T, TJRA.132, EDAMULLOOR VEEDU,

20. PADMA KUMARI, W/O.MADHAVAN NAIR, TJRA.

21. RAVINDARN NAYAR.P, TJRA.135, NARAYANA

22. BHASKARAN NAIR, R. TJRA.137, THURAVOOR

23. KRISHNA KUMAR.N, TJRA.138, 'CHIPPI',

24. ANAND.V.P, S/O.B.VIKRAMAN NAIR, TJRA.

25. RAJESH.R, S/O.B.RAJAPPAN NAIR, TJRA.143,

26. GANGADHARAN NAIR.A, TJRA.140, THURAVOOR

27. RAMACHANDRAN NAIR.A, TJRA.140, THURAVOOR

28. KUMAR.S, TJRA.140 A, THURAVOOR VEEDU,

29. SAHADEVAN.B,TJRA.148, 'AMBILI',

30. SANTHAMMA.G, TJRA.147, 'SANKAR VIHAR',

31. SUMANGI.N, TJRA.149, DEPASREE,

32. SASIKUMAR.R, TJRA.150, ARCHANA,

33. SADASIVAN PILLAI.N, TJRA.151,THIRUVONAM,

34. SIVA KUMAR.B.S, TJRA.173,ELANKAMON HOUSE

35. RAJASEKHARAN NAIR.V, TJRA.258,

36. CHANDRAMOHANAN NAIR.B,TJRA.136,

37. ANILKUMAR.M.S, TJRA.213, REVATHY

38. MOHANA KUMAR.S, TJRA.211, ASWATHY

39. SAILAJA DEVI.M.S, TJRA.210, SAILAPRABHA,

40. SARASAMMA PILLAI, TJRA.209, MUDAVARATHU

41. SKUKUMARAN NAIR.G, TJRA.206,AVITTOM,

42. JAYACHANDRAN NAIR.M,TJRA.207,

43. BIJUMON.P.S, TJRA.208, SREEPURAM,

44. SARATHCHANDRAN NAIR.K, TJRA.197A,

45. SASIDHARAN NAIR.K, TJRA, 196, 'SRUHI',

46. RAVEENDRAN NAIR.M.G, TJRA.195,'RENJINI',

47. BHAVANI.K.K, TJRA.193\, MANOJ VILLA,

48. MOHAMMED SIYAD.J, TJRA, 193 A, GREEN

49. RAVEENDRAN .K.R, TJRA, SREEDEVI NIVAS,

50. SADASIVAN ASSARI.M.K, TJRA.191,

51. KUMARI DEVI.R, TJRA.120, KEEZHE

52. ASOKAN.V, TJRA.176,BIJU BHAVAN,

53. ARAVINDAKSHAN.K, TJRA.177,ELANKAMVILA

54. SANAL KUMAR.K.(S.MRIDULA WIFE)TJRA.178,

55. ANTONY RAJ, MELE ELAMKANNAN VEEDU,

56. MOHANAN NAIR.G, (A.RENUKA KUMARI-WIFE)

57. SANTHAMMA.K, TJRA.179, ELAMKAM VILAKATHU

58. NALINAKSHAN.K, TJRA.180, ELAMKAMAN

59. DINESH KUMAR.C, TJRA.174, AKSHARA,

60. SADASIVAN NAIR.G,M TJRA.317, SAMBHAVANA,

61. MANIKANTAN THAMPY.B, 'SREELAKSHMI',

62. MAHI.C, TJRA.147 A, PULINTHARA,

63. CHANDRASEKHARA PILLAI.N, TJRA.168 A,

64. MUMTAZ.S, W/O.Z.ZAKIR HUSSAIN, TJRA.154,

65. SIVAPRASAD.C.S, HARE KRISHNAN,

66. PANDALAM SUDHAKARAN.TJRA.155, KAILASA

67. ANOOP AHMED, TJRA.167 A, UJJAINI,

68. SABA NAZAR, W/O.K.K.NAZAR, TJRA.168,

69. SHAHUL HAMEED (DR.)A, TJRA, 160A,

70. USHA SAMBASIVAN, TJR.166, SAIKRISHNA,

71. MANOJ KUMAR.B, TJRA.161, SAAPHALYEM,

72. VINOD KUMAR.B, TJRA.161 A,BHAGAVATHY

73. BINDU PRADEEP, W/O.P.PRATHEEP, TJRA.163,

74. VELAPPAN NAIR.G, TJRA.162 A, SHIVA

75. ASHOK.P, S/O.S.RAJALEKSHMY AMMA,

76. MANU.S, TJRA.159, ARDHAUM, TRANS INDIA,

77. AMBIKA.P, W/O.CAPT.K.A.PILLAI, TJRA.164,

78. SATHEESAN.P.K, TJRA.158 B, SANJEEVANAM,

79. ANJANA GANESH.S, W/O.S.GANESH KUMAR,

80. GOPINATHAN VALLIL, TJRA, 158, AREADIA,

81. SYLENDRA KUMAR.T.V, TJRA.130(C),

82. PADMAKUMAR.G, TJRA.171,PADMARAGAM,

83. SEKHARAN NAIR.K, TJRA.172, ELANKAMON

84. BHASKARA PILLAI.K.P, TJRA, 310,

85. ARAVINDAKSHAN NAIR.V.N, TJRA.183,

86. RAVINDRAN.M, TJRA.189, RADHASREE,

87. RADHAKRISHNA PANICKER.K.P,TJRA.193(B),

88. GEETHA KUMAR (DR.)V.L,

89. GOPINATHAN NAIR.R.TJRA.198, SANGEETHA,

90. CHANDRAVALLY VENUGOPAL,

91. SOMAN NAIR.A, TJRA.313 A, SOMAVILASAM,

92. BEENA M.NAIR, W/O.K.K.MURALEEDHARAN NAIR

93. G.PARAMESWARAN NAIR, TJRA.314, VASANTH,

94. RAVINDRAN NAIR.C.P, TJRA, 134,

95. SUMAN LAL, TJRA.162, BLDG.NO.2, GRAND

96. SATHI DEVI.S, W/O.P.KRISHNA KUMAR,

97. HARILAL.K.N, TJRA.184, ANANTHA,

98. GANESH KUMAR.S, TJRA.158 A,SREELEKSHMI,

99. MADHAVAN PILLAI.P, TJRA.146, BHAGAVATHY

101. RADHAKRISHNAN NAIR.T, TJRA.202,

102. RETNAMMA RAJAN, TJRA.185, NAVARATNA,

103. RAMACHANDRAN NAIR.M.G, TJRA.187,

100. HARISH.A.S, TJRA.187, JAWAHAR GARDENS,

104. SURESH KAR.R.S, TJRA.185 A, JAWAHAR

105. VIJAYAMOHAN.P, TJRA.184 A,

106. UNNIKRISHNAN NAIR.R, CHANDRIKA,

107. FATHEEM A.SAIT, TJRA.184 B, JAWAHAR

108. EDGER NORBER,TJRA.214, TANUSHRI,

109. KRISHNA PILLAI.G, TJRA.311, POURNAMI,

110. BALACHANDRAN NAIR.K, TJRA.256, KRIPA,

111. AJITH KUMAR.R.B, AJITH NIVAS,

112. VENUGOPAL.K, TJRA.134 (A), KRISHNA

113. SASI.M, TJRA.201, KEEZHEMUDAVARATHU

114. DASIAN NADAR.N, BNRA.186, PAINKULAM

115. RAVEENDRAN NAIR.A.K, BNRA.193, RK BHAVAN

116. SIVASANKARAN NAIR.G, BNRA.21,

117. APPUKUTTAN NAIR.B, BNRA.27,GIIRI BHN,

118. SUKUMARAN NAIR.K, BNRA.20,CHITHIRA,

119. GOPALAKRISHNAN NAIR.G, BNRA.177,

120. KRISHNAN NAIR.R, BNRA.194,

121. VENUGOPALAN NAIR.S, BNRA.67 A,TC.5/2578,

122. MANIYAN.N, BNRA.32, TC.9/187-1,

123. ANIRUDHAN NILAMEL,BNRA.139 A, TC.5/2600

124. AJITHKUMAR.G, BNRA.23, TC.9/178, SAJANI

125. BAHULEYAN NAIR.G, BNRA.59, GAYATHRI

126. ANILKUMAR.S.S, BNRA-94A,THIRUVATHIRA,

127. SUKUMARAN NAIR.C, BNRA.88, KOCHUVEEDU,

128. VARGHESE.A, BNRA.95, PUTHICHAKONAM,

129. PREMACHANDRAN THAMPY.M.G, BNRA.34,

130. SREEKUTTAN NAIR.G,BNRA.45, VALIYAVILA

131. GOPINATHAN.V, BNRA.98, DEVIPRIYA,

132. VIJAYA KUMAR.A, BNRA.99, THULASI BHN,

133. PARAMESWARAN NAIR.K, BNRA.85, ASWATHI,

134. KESAVAN NAIR.M.D, BNRA.84, KESAVAM,

135. SASIDHARAN NAIR.R, BNRA.104,

136. JALAJA KUMAR.P, W/O.SETHUMADHAVAN.K,

137. PURUSHOTHAMAN NAIR.P, BNRA.69,KAILASAM,

138. RAVINDRAN NAIR.J, BNRA.61, VALIYAVILA

139. GEORGE VARGHESE.T, BNRA.64, THENGUMPALIL

140. SUKUMARAN.K, BNRA.71,SARASWATHY

141. RAMACHANDRAN NAIR.P,BNRA.16,

142. SADASIVAN NAIR.P, BNRA.24, SREECHAKRAM,

143. NANU PILLAI.K, BNRA.108,BHAGAVATHI

144. RAVEENDRAN NAIR.G, BNRA.105,

145. SURENDRAN NAIR.N, BNRA.109,PARAMVILA

146. VIJAYARAJAN.A, BNRA.95A,TC.5/2625(5)

147. EDWIN JOSEPH ROY, BNRA.06, EVAN COTTAGE,

148. SURESH KUMAR.C, BNRA.30, TC.9/183,

149. PARAMESWARAN NAIR.P.K, PANDARAVILA VEEDU

150. RAMACHANDRAN NAIR.M, KNRA.61,JAWAHAR

151. KRISHNA KUMAR.K.R, KNRA.33, PANDARAVILA

152. JAYACHANDRAN.B, KNRA 65 B, KALLINGAL,

153. GANGADHARAN NAIR.K, KNRA.57, KAMALA

154. RAMESH KUMAR.K, KNRA.35, SREE KAILAS,

155. SANTHOSH KUMAR.G, KNRA.35, SREE KAILAS,

156. SREEKUMARAN NAIR.S, KNRA.60, RAJALEKSHMI

157. SREE VIJAYA KUMARAN NAIR.S, KNRA.51,

158. DEVI DATHAN NAIR.P, KNRA.48, KOWDIAR.PO,

159. K.P.NAIR, KNRA.62, KADAPPATHALA NAGAR,

160. CONFEDERATION OF CONSUMER VIGILANCE

161. THE SECRETARY,SOORYA GARDENS RESIDIENTS

162. THE GENERAL SECRETARY,

163. THE SECRETARY

164. THE SECRETARY, V.K.P.NAGAR RESIDENTS

165. P.G SUKUMARAN NAIR, PRESIDENT,SFS

166. K.HARIKUMAR, 10A,RAOA, TEMPLE ROAD

167. G.GOPAKUMAR, 12 A RAOA, TEMPLE ROAD

168. M.GOPAKUMARAN NAIR 10A,RAOA, TEMPLE ROAD

169. HARI VARMA, 8B,RAOA, TEMPLE ROAD

170. PRIYA NAIR, 7D, RAOA, TEMPLE ROAD

171. SANTHAKUMARAN PILLAI,7E,RAOA,TEMPLE ROAD

172. AMBIKA NAIR, 4B, RAOA,TEMPLE ROAD

173. COLONEL P.S.K NAIR, T.C.9/1236,

174. MRS.N.V.RADHA, T.C.9/1236 (1)

175. K.P.VISWANANTHA MENON,T.C.9/1443

176. A.GEETHA, T.C.9/1443,CHANDRA GEETHAN,

177. N.K.PAVITHRAN, T.C.T.C.9/1443, (2)

178. M.KRISHNAMURTHYTHAMBURAN,T.C.9/1437 (5)

179. LEONS AUGUSTINE,BETHLEHEM, T.C.9/1437

180. H.SURENDRA, T.C.9/1`437 -2,SRUTHI,

181. G.KRISHNAKUMAR,T.C.1437 (1) D-5

182. PERUMBAVOOR G RAVINDRANATH, ANJANEYA

183. C.SOMAN. T.C.9/1460 (2) KRISHNAKRIPA

184. M.S.DEVARAJ, .T.C.9/1456,COMMERCE LANE

185. REMLA R,DEVAKI GOPAL SMRITHY,TEMPLE ROAD

186. O.SAJITH RAJ,DEVAKI GOPAL SMRITHY

187. M.YOOSUFKHAN, T.C.9/1286,KONNIYOOR LANE

188. M.G.SREEKUMARA NAIR,SIVAKRIPA,

189. N.MADHAVAN NAIR, MADHAVA MANDIRAM

190. B.SASIDHARAN NAIR,CHERAVILA PUTHEN VEEDU

191. C.LALITHAMBIKA DEVI,KANIYATHUMOOLA

192. LEKSHMI L, DEVIPRABHA, T.C.9/1330

193. V.SHERIN KUMAR, KARTHIA KURISUMUTTOM

194. C.RAJAMANY,KANIYATHUMOOLA VALIYA BUNGLOW

195. MANOJ KUMAR B,SPHALYAM,T.C.9/1287 (2)

196. VINOD KUMAR B,SAAYOJYAM, T.C.9/1287 (3)

197. K.BHASKARAN NAIR, SREYAS, T.C.7/547

198. CHANDRIKA VISWANATHAN,T.C.9/1287

199. SREEDEVI L,T.C.22/1303,VRA 165-A

200. M.KUTTAPPAN, T.C.10/48/3 ,ATTINGAL

201. P.MOHANAN, SREEPADMAM, T.C.5/2147

202. M.RAVEENDRAN NAIR, MAHERAM,T.C.22/585

203. SEKHARAN, MINI BHAVAN, PANAYIL VEEDU

204. S.SUKUMARAN, MEHULA, EDAKULAM,

205. K.SUKUMARAN NAIR ,ROHINI,T.C 5/837

206. K.RAMACHANDRAN, ATTENDER,SRK HOSPITAL

207. C.KRISHNAKUMAR,CHAITHANYA ,MUKKOLA

208. B.SAHADEVAN,.T.C.9/275 (I)

209. VIJAYAMBIKA, T.C.9/275,PAIPPINMOODU

210. MANNAMMOOLA RAJAN, EXECUTIVE,COUNCILOR

211. SIMON D DAS, ANOOP NIVAS,T.C.10/865

212. SURESH, T.C.7/338, CHEMBARATHI VKPNRA

213. CHANDRIKA C, T.C 7/408, VKPNRA,

214. SANKARAN .P, T.C.312,MALLIKA BHAVAN

215. SHAYAMALA C, T.C. 32/1510,VKPNRA

216. GOPINATHAN,T.C.29/1511,VKPNRA,

217. RAJAN, EDAVILA VEEDU, VKPNRA,

218. SUDHA RAVI,T.C.7/307,PADMASARAS

219. LATHIKA CHANDRAN, T.C.7/277,

220. SASIDHARAN V.S, T.C.2/277,

221. SUDHAKARAN, T.C.32/1495,

222. AMITHA, T.C.7/376

223. BAHULEYAN, T.C.7/242,

224. BHASKARAN, T.C.6/247,

225. VALSALA, T.C.7/295,

226. VENUGOPAL, T.C.32/1489,CHARUVILA VEEDU

227. THANKAMANI,T.C7/310,

228. SATHEESAN,T.C.7/310

229. T.BABU,PRASANTHI,

230. G.HARIKUMAR, SAI NILAYAM,

231. SANAL, T.C.7/288.

232. RAMESH,T.C.7/272,

233. BAIJU, T.C.7/274

234. USHA SEKHARAN, T.C.7/264, AHC

235. ARYALEKSHMY, T.C.7/269,

236. RAMACHANDRAN,VARAMPATHU VEEDU

237. PRABHAKARAN B, T.C.32/1542

238. GIREESH KUMAR, T.C.7/279

239. DAMAYANTHI, TC.7/278

240. OMANA GOPI, T.C.7/281,

241. RAVEENDRAN, T.C.7/291,

242. SELVINESE, T.C.7/290 (2)

243. MOHANAN,T.C.7/289,

244. MANOHARAN, KUNNAZHIKATHU VEEDU

245. MADHU,T.C.7/293,AHC,

246. KRISHNANKUTTY, T.C.7/363, AHC

247. PANKAJAN, T.C.7/269

248. RAJENDRAN,T.C.7/402,

249. ANAND V.P, THURAVOOR HOUSE,PAIPPINMOODU

250. SAVITHA M.S, C/O.SINDHU MANOHRAN

251. RENJITH V.P, MIDHILAPURI,

252. SREENI M, PANAYIL PUTHEN VEEDU

253. VIKRMAN NAIR, BALAKRISHNAN NIVAS

254. SINDHU S.H, KADAPPATHALA NAGAR,

255. KAVITHA S.M, MAHARAJA NAGAR ,

256. PARVATHY AMMAL, THURAVOOR LANE

257. ANUP, MALAYIL LANE,

258. SHIBU R, MANNAMOOLA, KOVIL ROAD

259. B.KRISHNA KUMAR, T.C. 9/28

260. MANOJ.M,BHAGAVATHY NAGAR,KOWDIAR PO

261. C.AMBIKADEVI,REVATHY,SOORYA GARDENS

262. S.N.NAYAR, PLOT NO.35,SOORYA GARDENS

263. T.P.SASTHAMANGALM,SGRA,VYSAKHAM

264. K.C.JAYARAJ,SGRA-27 PULARI,VYSAKHAM

265. G.HARIKUMAR, SGRA, SOORYA GARDENS

266. V.GOPALAKRISHNAN NAIR, SGRA-31

267. MRS.JAYAN BALAKRISHNAN NAIR, SGRA-1

268. K.SREELABAI AMMA, CHITHRANJALI

269. PRAVEEN DATH, KGRWA-189

270. K.GOPINATHAN NAIR, SGRA-36

271. MRS.C.K.NAIR, SGRA-2 ,JYOTHI PRABHA

272. P.SRIVALLI DEVI, SGRA, SOORYA GARDENS

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  : No Appearance


 Dated :05/01/2010

 O R D E R

S.R. Bannurmath, C.J. & A. K. Basheer J.

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

R.P.No. 2 of 2010 in
W.P (C).No. 24692 of 2008-S

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

Dated this the 5th day of January, 2010.

Order

Basheer, J:

This Review Petition is filed by the State of Kerala

represented by the Secretary in the Department of Irrigation, the

Chief Engineer, Minor Irrigation and his subordinates, with a delay

of 300 days.

2. Though the explanation offered by the deponent in the

affidavit filed in support of the application for condonation of delay

is not quite convincing and satisfactory, we are nevertheless

inclined to condone the inordinate delay, since we are of the view

that it will be just and proper to dispose of the review petition on its

merit, rather than on technical grounds.

3. The Review Petition is directed against the judgment in

W.P(C).No.24692/2008. The said writ petition was filed,

professedly in public interest, by some local residents at Temple

Junction in Sasthamangalam of Thiruvananthapuram district

contending, inter alia, that water logging in that residential area

can be effectively managed only by further widening the water

channel in order to jettison the rain water into Killiyar river.

4. The writ petition was disposed of by a Division Bench

after considering the chequered history of the litigious issue

RP.2/2010 : 2 :

involved in two previous rounds of litigation and a contempt

petition arising therefrom. The Division Bench found that the

prayer made in the writ petition cannot be granted since it would

literally result in passing an order contrary to the earlier order on

the same subject matter. Accordingly the writ petition was

dismissed.

5. In the Review Petition the primary contention now raised

is that if the proposed work of covering the drainage with concrete

slabs is completed as directed by this Court in the earlier round, it

would cause irreparable injury to the residents of the locality who

are totally against such a proposal. The agitation by the local

people may lead to law and order situation. Therefore the

petitioners pray that the judgment be reviewed and the writ petition

filed by the local residents be allowed.

6. The chequered history of this litigation may be briefly

noticed.

7. An organization called ‘Confederation of Consumer

Vigilance Centre’, representing the local residents, filed

WP.No.12396/2006 praying for a direction to the State and its

officers in the Minor Irrigation Department “to complete the work

of providing concrete slabs and construction of retaining walls of

Edanadu thodu as expeditiously as possible”. In response to the

above prayer the Executive Engineer (Minor Irrigation

Department), Thiruvananthapuram filed a statement with an

RP.2/2010 : 3 :

undertaking that the needful would be done within six months.

Recording the above statement, the writ petition was closed by the

Division Bench by its order dated June 29, 2006.

8. Shortly thereafter, one K.Venugopalan Nair from the

same residential area filed WP.No.29072/06 allegedly in public

interest, contending that the water channel (Edanadu thodu) should

not be covered with concrete slabs since it may result in flooding

during the rainy season. The said writ petition was disposed of by

the Division Bench by its judgment dated November 20, 2006

holding that there was no merit in the above contention. However

the Court observed that while the process of covering the drainage

is being carried out, adequate precaution should be taken to avoid

floods during rainy season.

9. Since the Department failed to complete the work within

six months as undertaken by it in WP.No.12396/06, contempt

action was initiated against the officials in CCC.No.88/2007. That

petition was closed by the Division Bench by its order dated

January 22, 2007 on an undertaking given by the officials that the

work would be completed on or before April 30, 2007.

10. Even after giving the above undertaking before this

Court, the departmental officials did not complete the work.

Therefore Contempt Case No.348/2008 was initiated. Since it was

prima facie found that there was willful disobedience on the part of

the officials, this Court framed charges against the alleged

RP.2/2010 : 4 :

contemnors in that proceeding on June 16, 2008. The above case is

now pending trial before this Court.

11. It is seen admitted by the review petitioners that the

above order in CCC.No.348/2008 was challenged before the apex

court without success. The Special Leave Petition,

SLP.No.17484/04, was dismissed by the Supreme Court on June

16, 2009.

12. As mentioned earlier, WP.No.24692/08 from which the

present review petition arises, was filed by another so called

Residents’ Association contending that the proposal to cover the

water channel (Edanadu thodu) was not advisable or expedient and

therefore the tender notification issued for this work was liable to

be quashed. The writ petition was dismissed holding that the

prayer, if granted, would run counter to the orders passed by this

Court in the earlier proceedings. (W.P.No.12396/06 and

W.P.No.290872/06).

13. It is significant to note that the above judgment in

W.P.No.24692/08 was also challenged by the review petitioners

before the apex court but the Special Leave Petition was dismissed

as withdrawn, with liberty to approach this Court for appropriate

orders. It is thereafter that the present review petition has been filed

praying that the judgment be reviewed and WP.No.24692/08 be

allowed.


      14.     Curiously,      the Residents' Association and/or its

 RP.2/2010                     : 5 :


members who have filed the above writ petition are not apparently

aggrieved by the judgment. It is the Government and the Engineers

of the Department who have filed this review petition contending

that the local people are up in arms against the proposal to cover

the water channel with concrete slabs and that the Government

apprehends law and order situation in that area.

15. In this context it is pertinent to note that one of the

alleged contemnors against whom charges have already been

framed in CCC.No.438/2005 has filed the affidavit in support of

the application for condonation of delay in filing the Review

Petition. He is an Executive Engineer. The same engineer

(Sri.B.Jayaram) had filed an affidavit in CCC.348/2008 tendering

unconditional apology for non-compliance of the undertaking made

before this Court in WP.No.12396/06. He stated that the

undertaking was given by him on the strength of the written

assurance given by the contractor. He further stated that the

contractor had abandoned the work after resuming it. Therefore

action had been initiated against the contractor in terms of the

conditions in the agreement. He further undertook that fresh re-

tender notification will be issued within two months from the date

of filing the affidavit.

16. It is also pertinent to note that the review petitioners had

undertaken before this Court at every stage — be it in WP.No.

12396/06, or in WP.No.29072/06 or in CCC.88/07 and lastly in

RP.2/2010 : 6 :

CCC.348/08 — that the water channel would be covered with

concrete slabs and the retaining walls would be reconstructed. The

petitioners had never raised a contention at any point of time that

either the Government or the Department had any reservation

about carrying out the work, though it was indicated that there was

some objection from a section of the residents.

17. However in the review petition it is contended by the

petitioners for the first time that it has been found “on verification”

that if the proposed work is completed it will invariably result in

water logging in the area. It is further stated that the matter was

discussed at the highest level and it was decided to approach the

Supreme Court. But as mentioned earlier, petitioners could not

get any relief from the Supreme Court and the Special Leave

Petition filed by them against the judgment in W.P.No.24692/08

was dismissed as withdrawn.

18. As has been noticed already, the writ petitioners have no

grievance at all about the judgment. Petitioners in this review

petition are admittedly bound by the undertaking given by them

before this Court in WP.No. 12396/06 and in CCC.88/07 and

CCC.348/08. This aspect has not been denied or disputed by the

petitioners. If that be the position, the short question that may arise

for consideration is whether the petitioners are justified in coming

up with this review petition, especially when the residents of the

locality have not chosen to raise any dispute or objection about

RP.2/2010 : 7 :

completing the work. The two Executive Engineers who are now

facing the music in CCC.348/08 may be understandably anxious to

get themselves extricated from the contempt proceedings. In this

context it may be remembered that these two engineers had

unsuccessfully challenged the order of framing charge against them

before the apex Court. It is after the failure of the said attempt that

this review petition has been filed and that too after failing once

again to get any relief in their favour from the apex Court against

the judgment in WP.No.24692/08.

19. What is now being tried to be projected is that the

Government is concerned with the interest of the local people. It

may be noticed that the residents of the same locality had filed

WP.No.12396/06 to get the water channel covered with slabs and

also for constructing the retaining wall of the channel. At no point

of time the petitioners had a case that the interests of the local

residents will be adversely affected or that the area would be

flooded during rainy season if the channel is covered with slabs.

Even assuming that there is such a possibility, it is

incomprehensible as to why the very same department cannot think

of some solution to avert flooding in the area.

20. Viewed from any angle, the contention now raised by the

petitioners appears to be only aimed at getting the proceedings in

Contempt Case 348/08 nullified or frustrated. We have no

hesitation to hold that the contentions raised by the petitioners in

RP.2/2010 : 8 :

this review petition are totally misconceived and devoid of merit.

Though this is a fit case in which exemplary costs have to be

imposed, we refrain from doing so.

The Review Petition is dismissed.

S.R.Bannurmath,
Chief Justice

A.K. Basheer
Judge

an.