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.