IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 8431 of 2007(S)
1. SHIJI, W/O.LATE G.P.JOHNSON,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DISTRICT COLLECTOR,
3. THE BHARAT SANCHAR NIGAM LIMITED,
4. THE GENERAL MANAGER,
5. THE SECRETARY,
For Petitioner :SRI.JIJO PAUL
For Respondent :SRI.VARGHESE P.THOMAS,SC FOR BSNL
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.M.JOSEPH
Dated :15/02/2008
O R D E R
H.L.Dattu, C.J. & K.M.Joseph, J.
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W.P.(C).No.8431 of 2007-S
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Dated, this the 15th day of February, 2008
JUDGMENT
H.L.Dattu,C.J.
Sri.Jijo Paul, learned counsel appearing for the petitioner submits
that, for the present he would not seek the relief made in prayer No.3 in the writ
petition before us, since he has already filed appropriate civil proceedings before
an appropriate civil forum. Therefore, we are not considering prayer No.3.
(2) The other two prayers are as under:
(i) Issue a writ of mandamus or any other appropriate writs,
orders of directions directing the first respondent to issue necessary
guidelines in such a manner as to co-ordinate, control, supervise
and regulate the trenching of roads and road margins.
(ii) Issue a writ of mandamus or any other appropriate
writs, orders of directions directing the first respondent to set up
and keep in place appropriate supervisory and controlling bodies to
regulate and supervise the trenching of roads and road margins”.
(3) The 5th respondent has filed a counter affidavit before us. In
paragraph 9 of the counter affidavit, it is stated as under:
“9. The 2nd respondent as the Chairperson of the District
Co-ordination committee has also issued directions to the agencies
to carry out excavation of trenches in a systematic manner only in
short lengths of 200 meters at a time. The cable trenches were
directed to be covered immediately and cutting of adjacent
stretches was directed to be done only after removing excess earth
on the sides of trenches. Instructions were given to install proper
signals and precautionary ribbons and posts on the sides of the
roads before commencing the trenching work. It was also decided
to enforce the conditions of PWD for trenching works without fail;
which conditions among others comprise the following:-
a) trenching shall be done with proper sharing and
shuttering so that safety of adjacent structures and carriage way
shall not be affected to any extent;
b) proper fencing, lighting and watching shall be
ensured for the trenching work undertaken;
W.P.(C).No.8431 of 2007-S – 2 –
c) necessary boards of caution should erected on
salient and obligatory points of the trenching alignment;
d) trenching shall not be commenced, carried out or
continued during the period of monsoon;
(e) the earth cut and removed shall not be dumped on
the road side of the trench, and it shall be deposited on the other
side or away from the road margin”.
(4) After going through the counter affidavit filed by the 5th
respondent, in our opinion, for the present except placing on record paragraph 9
of the counter affidavit of the 5th respondent, no other relief need be granted to
the petitioner.
(5) Accordingly, we pass the following:-
Order
(i) Prayer No.3 is rejected for the present, as not pressed.
(ii) In view of what has been stated by the 5th respondent in paragraph 9
of the counter affidavit, the other reliefs need not be considered by us.
Ordered accordingly.
H.L.Dattu
Chief Justice
K.M.Joseph
vku/- Judge