IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13136 of 2007(S)
1. NAYADUMPOIL-NILAMBOOR ROAD SAMRAKSHANA
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. PRINCIPAL SECRETARY TO GOVERNMENT,
3. CHIEF ENGINEER (ROADS AND BRIDGES)
4. THE EXECUTIVE ENGINEER,
5. GENERAL MANAGER,
6. K.K.MOHANDAS, MANAGING PARTNER
For Petitioner :SRI.BIJI MATHEW
For Respondent :GOVERNMENT PLEADER
The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice V.GIRI
Dated :06/03/2009
O R D E R
J.B.KOSHY, Ag.C.J & V.GIRI, J.
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W.P.(C).NO.13136 OF 2007 (S)
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Dated this the 6th day of March, 2009
J U D G M E N T
KOSHY,Ag.CJ.
The main relief prayed for in this writ petition is to direct
respondents 1 to 4 to complete the development work of
Nayadumpoil-Nilamboor Road to a motorable road within a
time bound programme. It is the allegation that funds allotted
by NABARD for the above purpose was misutilised. A detailed
report was filed by the Commissioner which shows the
deplorable condition of the road. In paragraph 6 of the
Commission report, it is stated as follows:
“From Vendekumpoil the road proceeds to
the S-turn. This is the place where the
maximum damage is seen to have taken
place. The road is seen to be in a very
dangerous situation. The road is broken at
several places and could break apart and
fall any time. The road is also broken and
seen fallen at the bend. The entire portionWPC.13136/07 2
of the side walls have fallen and also the
portion of the road along with side. The
engineers present informed me that the
defect can be rectified. On a question put
to him as to how the damage occurred, he
answered that the walls were constructed
using dry rubble masonry method and that
iron bars and concrete have not been used
there. Had the side walls been constructed
using Iron rods and cement the damage
could have been avoided. He further
stated that the work was completed in
haste and that there was no provision in
the contract for concreting the side walls.
Another factor stated was that NABARD
would not sanction further funds for the
completion of the project. He further
stated that the road will be restored once
the monsoon is over. Photographs of the
area are produced.”
With regard to other portions of the road, similar observations
were made. Even though an objection was filed to the
Commission report, in the objection, it is stated that the
maintenance work was completed in the year 2004 – 05. Four
years have passed. It is further stated that part of the road
was washed away in July 2007 on account of unprecedented
rain and Commissioner travelled in an old car. On a reading
of the objection itself, it can be seen that the road is in a
deplorable condition. In these circumstances, we direct
WPC.13136/07 3
respondents 1 to 4 to take immediate action in the matter and
make the motorable road in a good condition. We direct the
Government that construction of the road and necessary
developments of road should be made before the completion of
the next financial year. Government can also take
disciplinary action according to law if there is any lapse on the
part of the Officers/Engineers. With regard to the earlier
work, if the amount awarded by the NABARD was not used
for the proper construction of the road and if there was any
maladministration or misappropriation, it is for the petitioner
to approach the Lok Ayukta for appropriate remedies. With
the above observations, this writ appeal is disposed of.
J.B.KOSHY
ACTING CHIEF JUSTICE
V.GIRI
JUDGE
prp
WPC.13136/07 4
J.B.KOSHY & THOMAS P. JOSEPH, JJ.
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M.F.A.NO. OF 2006 ()
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J U D G M E N T
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6th November, 2008