IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34605 of 2008(S)
1. K.J.ABRAHAM, S/O.JOSEPH, AGED 75,
... Petitioner
2. ROY JOSE, S/O JOSEPH, AGED 43,
Vs
1. ATTAPPADY BLOCK PANCHAYAT, AGALI.P.O,
... Respondent
2. ATTAPPADY BLOCK PANCHAYAT COMMITTEE,
3. THE ASSISTANT ENGINEER,I.T.D.P, AGALI,
4. STATE OF KERALA, REPRESENTED BY ITS
5. GEOGY GEORGE, GOVERNMENT CONTRACTOR,
For Petitioner :SRI.K.C.PETER
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER
Dated :24/11/2008
O R D E R
H.L.DATTU, C.J. & A.K.BASHEER, J.
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W.P(C).No.34605 OF 2008-S
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Dated this the 24th day of November, 2008
JUDGMENT
H.L.DATTU, C.J.
A public spirited citizen is before us, inter alia seeking the
following reliefs. They are:
“(i) Call for the records leading to the award of
contract for the construction of Thottappady-
Chinnapparambu-Kallamala Road by respondents 1
and 2;
(ii) Issue the writ of mandamus or such other
writ, order or direction, directing respondents 1 and 2
to take immediate steps to complete the work of
Thottappady-Chinnapparambu-Kallamala Road, within
a time frame to be stipulated by this Hon’ble Court;
(iii) Issue the writ of mandamus or such other
writ, order or direction directing the respondents to
take necessary action to complete the work, if
necessary, by terminating the contract awarded to the
5th respondent and engaging some other contractor;
(iv) Issue the writ of mandamus or such other writ,
order or direction, directing the 1st respondent to
consider and pass orders on Ext.P6 representation
pending before them expeditiously; and
(v) To issue such other writ, order or direction
which this Hon’ble Court deems fit, just and proper.”
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(2) In the writ petition, it is also stated that the petitioners and the
other local residents have already filed Ext.P6 representation bringing to
the knowledge of the block panchayat the inaction in completing the
construction of Thottappady-Chinnapparambu-Kallamala road.
(3) In our opinion, that representation ought to have been
considered by the block panchayat in accordance with law as early as
possible. Since, that has not been done, we have no alternative, but to
issue an appropriate direction.
(4) We dispose of the writ petition directing the Attappady block
panchayat to consider Ext.P6 representation filed by the petitioners in
accordance with law as early as possible.
(5) The petitioners shall produce certified copy of the orders passed
by us before the block panchayat for appropriate action.
Ordered accordingly.
(H.L.DATTU)
CHIEF JUSTICE
(A.K.BASHEER)
JUDGE
cl
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