IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 23582 of 2007(S)
1. KERALA CONSUMER SERVICE SOCIETY, REG.NO.
... Petitioner
2. DR.BALANCHANDRAN., AGED 68 YEARS,
Vs
1. STATE OF KERALA,REPRESENTED BY
... Respondent
2. THE CHIEF ENGINEER,PUBLIC WORKS
3. SUPERINTENDENT ENGINEER, PWD,
4. CORPORATION OF COCHIN,
5. DISTRICT COLLECTOR.ADDITIONAL DISTRICT
6. T.U.KURUVILA,
For Petitioner :SRI.SIVAN MADATHIL
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :02/08/2007
O R D E R
H.L. DATTU, C.J. & HARUN-UL-RASHID, J.
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W.P.(C) No. 23582 of 2007
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Dated, this the 2nd day of August, 2007
JUDGMENT
H.L. DATTU, CJ.
A public spirited citizen is before us inter alia seeking the following reliefs:
(i) issue a writ of mandamus or any other appropriate writ,
order or direction commanding the respondents to take
immediate steps in a war foot manner to repair the roads
especially in the Corporations like Cochin, without further
delay.
(ii) issue a writ of mandamus or any other appropriate
writ, order or direction directing the authorities to forfeit the
salary of respondents 1 to 3, due to the reason that they
not discharged their public duty and that money should be
made use to repair the roads just to show the public that
those who are responsible to discharge their duties for the
welfare of the State, should do the same.
(iii) issue a writ of mandamus or any other appropriate
writ, order or direction directing the 4th and 5th respondents
to discharge their statutory responsibility to abet the public
nuisance of dilapidated roads by invoking section 144 of
the Cr.P.C.
(iv) to issue any other writ, order or direction which this
Hon’ble Court deem fit and proper as per the facts and
circumstances of the case.”
WPC No.23582/2007 2
2. In our opinion the petition filed by the petitioner is wholly
premature. Before approaching this court for the reliefs sought for by him
in the writ petition, he has necessarily to approach the representatives of
the people who hold the power and request them to maintain the roads.
Without doing so the petitioner has rushed to this court. In that view of the
matter the reliefs sought for by the petitioner cannot be granted by us at
this stage.
Accordingly the writ petition is rejected. Liberty is reserved to the
petitioner to approach this court, if he so desires, at an appropriate stage.
Ordered accordingly.
H.L. DATTU,
CHIEF JUSTICE.
HARUN-UL-RASHID,
JUDGE.
mt/